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Opinions March 15, 2019

March 15, 2019
KEYWORDS Opinions

7th Circuit Court of Appeals 
Trustees of Indiana University, et al. v. Terry Curry and Christopher Gaal
18‐1146, 18‐1247 and 18‐1308
Appeal from the District Court for the Southern District of Indiana, Indianapolis Division, Chief Judge Jane Magnus-Stinson.
Civil. Reverses an injunction against an Indiana law restricting the sale, transfer, receipt and acquiring of aborted fetal tissue. Majority judges Frank Easterbrook and Michael Scudder found the statute was not unconstitutionally vague. Judge David Hamilton dissented and would have affirmed the district court.

Indiana Supreme Court 
City of Hammond v. Herman & Kittle Properties, Inc. and State of Indiana
19S-PL-148 
Civil. Reverses the Marion Superior Court’s finding that the city of Hammond had standing to challenge the constitutionality of the rental property fee exemption in Indiana Code section 36-1-20-5. Rules the provision, which exempted the cities of Bloomington and West Lafayette from the $5 cap per rental unit that municipalities could charge, violates Article 4, Section 23 of the Indiana Constitution. Also holds the free restriction is severable from the remainder of I.C. section 36-1-20-5. Holds the fee restriction now operates statewide and all municipalities are restricted from charging a rental-registration fee that exceeds $5. 

Indiana Court of Appeals
William E. Mays v. State of Indiana

18A-PC-2071
Post-conviction. Affirms the denial of William May’s petition for post-conviction relief. Finds Mays’ appellate counsel performed deficiently when she did not include in the record on appeal a pretrial transcript relevant to the issues raised on appeal, but Mays cannot establish that the result of his direct appeal would have been different but for his counsel’s deficient performance.

Jeffery Thompson v. State of Indiana
18A-CR-1947
Criminal. Reverses the Marion Superior Court’s denial of Jeffery Thompson’s motion to credit his sentence with 240 days served on pretrial home detention. Finds the trial court erred in its denial and that Purcell v. State, 721 N.E.2d 220 (Ind. 1999) is no longer good law with respect to accrued time for pretrial home detention. Remands with instructions to credit the time to Thompson’s sentence. 

Chad E. Adams v. State of Indiana
18A-CR-1544
Criminal. Reverses Tippecanoe Superior Court’s sentencing of Chad Adams and remands with instructions to recognize Adams was deprived of one day of his liberty prior to sentencing. Finds Adams should have been credited one actual jail day for the six to eight hours he was held before he was able to post bond. Rules his aggregate four-year sentence for one count of Level 5 felony carrying a handgun with a prior felony, was not inappropriate.

Joe Paul Hambel v. State of Indiana
18A-CR-686
Criminal. Affirms Joe Paul Hambel’s two murder and Class A misdemeanor criminal trespass convictions, finding that a juror’s remarks conveying his wife’s impressions of Hambel were harmless, and therefore the Washington Circuit Court did not abuse its discretion in denying Hambel’s motion for a mistrial. Also rejects Hambel’s mistrial motion alleging the trial court abused its discretion on the basis that jurors prematurely began deliberations, finding jurors had not begun deliberations before the close of the trial. Also affirms Hambel’s 121-year sentence, finding it is not inappropriate in light of the nature of the offenses or his character.

Kevin Martin v. Richard Brown, et al. (mem. dec.)
18A-CT-2940
Civil tort. Affirms the Sullivan Superior Court’s order entering judgment on the pleadings and dismissing with prejudice Kevin Martin’s complaint against Richard Brown, Charles Dugan, Michelle Martin, and Jerricha Meeks. Finds Martin failed to abide by appellate rules of procedure, resulting in the waiver of his claims on appeal. 

In the Matter of the Involuntary Termination of the Parent-Child Relationship of B.F., et al. (Minor Children) and C.B. (Mother) and J.F. (Father) v. Indiana Department of Child Services (mem. dec.)
18A-JT-1967
Juvenile termination. Affirms the involuntary termination of mother C.B.’s parental rights to seven of her minor children. Also affirms the denial of father J.T.’s parental rights to six of those children. Finds there is clear and convincing evidence to support the termination is in the best interest of the children. 

Michael Francis and Carmen Jay Francis v. EMC Mortgage, LLC (mem. dec.)
18A-MF-1493
Mortgage foreclosure. Affirms the Marion Superior Court’s denial of Michael and Carmen Francis’ motion to correct error. Finds the trial court did not abuse its discretion in denying their motion to correct error. 

Cody N. Garman v. State of Indiana (mem. dec.)
18A-CR-1275
Criminal. Affirms in part Cody Garman’s six-year sentence for conviction of involuntary manslaughter was not inappropriate in light of the nature of the offense and his character. However, finds the Elkhart Circuit Court committed error by depriving Garman of his good time credit without a proper hearing. Thus, reverses and remands in part for a hearing on Garman’s deprivation of good time credit. 

In re the Matter of A.M. (Minor Child), Child in Need of Services, and J.M. (Mother) and D.M. (Father) v. The Indiana Department of Child Services (mem. dec.)
18A-JC-2330
Juvenile CHINS. Affirms the Monroe Circuit Court’s adjudication of A.M. as a child in need of services. Finds the unchallenged findings stand as proven and sufficient for the CHINS determination. Notes that mother J.M.’s continued connection to father D.M., combined with her skepticism concerning A.M.’s allegations against him, underscore the need for the court’s coercive intervention to protect A.M. from physical and emotional danger.

In re the Matter of Lu.G. and Li.G. (Minor Children), Children in Need of Services and A.G. (Mother) v. Indiana Department of Child Services (mem. dec.)
18A-JC-1760
Juvenile CHINS. Affirms the Howard Circuit Court’s determination of Li.G. and Lu.G. as children in need of services. Finds no reversible error in the admission of evidence and that sufficient evidence support the CHINS adjudication. 

James D. Leach v. State of Indiana (mem. dec.)
18A-CR-2190
Criminal. Affirms the Jefferson Superior Court’s revocation of James Leach’s previously suspended three-year, 180-day sentence, minus Leach’s good credit time. Finds the trial court did not abuse its discretion by ordering Leach to serve his suspended sentence at the Department of Correction.
 

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