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Opinions May 15, 2019

May 15, 2019
KEYWORDS Opinions

The following 7th Circuit Court opinions were posted after IL deadline Tuesday.
Anthony Gant v. Daniel Hartman

18-1287
Appeal from the United States District Court for the Northern District of Indiana, Fort Wayne Division. Chief Judge Theresa L. Springmann.
Civil. Dismisses Daniel Hartman’s appeal of the denial of his motion for summary judgment. Finds the appellate court lacks jurisdiction because Hartman’s appellate argument relies on disputed facts and he has not presented sufficient evidence to “utterly discredit” the district court’s findings.

Wednesday's opinions
Indiana Court of Appeals
L.O. v. D.O.

18A-PO-2118
Protective order. Reverses the Wells Superior Court’s grant of a protective order filed by D.O. against L.O. Finds there is insufficient evidence to support the trial court’s issuance of the order of protection, given the sparse record presented in the case.

In the Matter of M.S.; A Child in Need of Services: A.C. (Mother) v. Indiana Department of Child Services
18A-JC-2843
Juvenile CHINS. Reverses the Hendricks Superior Court’s order finding A.C.’s daughter M.S. as a child in need of services based on a petition filed by the Department of Child Services.  Finds the trial court erred in denying A.C.’s motion to dismiss the CHINS case and that the fact-finding hearing was not timely completed. Remands with instructions to dismiss the CHINS case without prejudice.

Jesse L. Payne v. State of Indiana
18A-CR-1359
Criminal. Affirms Jesse Payne’s aggregate 90-year sentence for conviction of two counts of Class B felony arson, Class B felony attempted arson and a finding that he is a habitual offender. Finds his sentence is not inappropriate in light of the nature of the offense and his character and that there was sufficient evidence to prove Payne was legally sane at the time of the offenses. Rejects all of Payne’s other claims.

Jacob M. Pasternac and Rainbow Community, Inc. v. Robert A. Harris, TWG Merrill, LLC, BPRS Green Acres, LLC, and Weiner Green Acres, LLC (mem. dec.)
46A05-1704-MI-816
Miscellaneous. Affirms in part the trial court’s denial of Robert Harris’ request for a preliminary injunction against TWG Merrill, LLC, BPRS Green Acres, LLC, and Weiner Green Acres, LLC. Finds that because neither Green Acres nor Harris met their burden of showing the necessary factors for obtaining a preliminary injunction, reverses the trial court’s grant of a preliminary injunction to Green Acres and affirms the trial court’s denial of a preliminary injunction to Harris.

M.C. v. State of Indiana (mem. dec.)
18A-JV-2931
Juvenile. Reverses the St. Joseph Probate Court’s denial of M.C.’s motion to dismiss the state’s delinquency petition alleging M.C. committed what would be child molesting if committed by an adult, arguing the juvenile court lacked jurisdiction. Finds the juvenile court did not have subject matter jurisdiction because M.C. was not a minor at the time the delinquency petition was filed.

Jeffrey Lamont Reid v. State of Indiana (mem. dec.)
18A-CR-1829
Criminal. Affirms Jeffrey Reid’s conviction of Class A misdemeanor battery resulting in bodily injury and Class A misdemeanor intimidation. Finds sufficient evidence to support the conviction.

Jose A. Ortiz v. State of Indiana (mem. dec.)
18A-CR-2919
Criminal. Affirms the Tippecanoe Circuit Court’s order denying Jose Ortiz’s motion to correct erroneous sentence. Finds Ortiz failed to prove the trial court abused its discretion in denying his motion to correct erroneous sentence.  
 
Berry J. Blackwell v. State of Indiana (mem. dec.)
18A-CR-2867
Criminal. Affirms Berry Blackwell’s aggregate 40-year sentence for conviction of Level 2 felony dealing in methamphetamine, Level 4 felony methamphetamine possession, Class C misdemeanor paraphernalia possession and a finding that he is a habitual offender. Finds there is sufficient evidence to support the convictions. Finds the sentence is not inappropriately harsh.

Curtis Pearman v. Andrew Alexander Szakaly (mem. dec.)
18A-PL-2074
Civil plenary. Affirms the Jennings Circuit Court’s ordered finding that Andrew Alexander Szakaly had an attorney lien in the amount of $10,720.00 and its judgment on the evidence in favor of Szakaly regarding Curtis Pearman’s legal malpractice claim. Finds the trial court did not err in finding Szakaly was entitled to an attorney lien or in granting judgment in favor of Szakaly on the issue of legal malpractice.

Donato Luna-Quintero v. State of Indiana (mem. dec.)
18A-PC-657
Post conviction. Affirms the denial of Donato Luna-Quintero’s petition for post-conviction relief. Finds he failed to prove his trial counsel was ineffective, and therefore, the post-conviction court did not err.

Mark Goley, et al. v. The White Barn Venue, LLC, and Madison City Board of Zoning Appeals (mem. dec.)
18A-MI-1579
Miscellaneous. Affirms the Jefferson Circuit Court’s grant of a conditional use permit to White Barn Venue LLC by the Madison City Board of Zoning Appeals. Finds the BZA’s decision to deny the conditional use permit application by White Barn is not supported by substantial evidence and was arbitrary and capricious.  

 

 

 

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