Opinions May 30, 2019

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7th Circuit Court of Appeals
Brian Weil v. Metal Technologies, Inc.

18-2440, 18-2556
Appeal from the United States District Court for the Southern District of Indiana, Terre Haute Division. Chief Judge Jane Magnus-Stinson.
Civil. Affirms in part the Southern District Court’s decertification order of Brain Weil and Melissa Fulk’s time-rounding claims against Metal Technologies, Inc. However, vacates in part the district court’s judgment on their wage-deduction claims and remands the case for the lower court to reconsider those claims in light of Indiana Code 22-2-6-3(b).

USA v. Franklin V. Fennell
Appeal from the United States District Court for the Southern District of Indiana, Terre Haute Division. Chief Judge Jane Magnus-Stinson.
Criminal. Affirms the Southern District Court’s restitution calculation. Finds that despite mistaken oral reference to intended loss, the record shows beyond a reasonable dispute that the amount awarded was the victim’s actual loss from $110,600 in kickbacks that Franklin Fennell and a codefendant received for steering government contracts to a favored bidder

Indiana Court of Appeals
Alec N. Clark v. State of Indiana
Criminal. Affirms Alec Clark’s conviction of Level 6 felony theft. Finds the state established by a preponderance of the evidence that proper venue for Clark’s case is in Hamilton County, rather than Marion County, where the lawn mower was located at the time its rental agreement expired. Finds Clark was properly prosecuted.

In the Matter of the Termination of the Parent-Child Relationship of: J.R., J.B., & T.R. (Minor Children) and S.R. (Mother) v. The Indiana Department of Child Services (mem. dec.)
Juvenile. Affirms the order to terminate mother S.R.’s parental rights. Finds the Tippecanoe Superior Court was in the best position to evaluate evidence of changed conditions and declines to second-guess the court’s conclusions given the evidence of S.R.’s demonstrated history of temporary compliance followed by regression.

Howard Harris v. State of Indiana (mem. dec.)
Post Conviction. Affirms the denial of Howard Harris’ appeal for post-conviction relief.
In the Matter of the Involuntary Termination of the Parent-Child Relationship of E.B. and W.B. (Minor Children), and A.C. (Father) v. The Indiana Department of Child Services (mem. dec.)
Juvenile. Affirms the involuntary termination of father A.C.’s parental rights to E.B. and W.B. Finds the Marion Superior Court did not commit any procedural error that denied the father due process of law. Also rules father did not lodge a timely objection so he waived his contention that the termination proceedings should have been dismissed for failure to commence a fact-finding hearing within 90 days of the filing of the petitions.
A.M. v. D.R. (mem. dec.)
Domestic Relation. Affirms the Whitley Superior Court’s modification of legal custody, adoption of the father’s proposed order nearly verbatim, removal of the agreed-upon parenting restriction and order that each party pay half of the guardian ad litem fees. Reverses the trial court’s order in calculating child support and in modifying primary physical custody of M.R. without finding that a substantial change in one or more statutory factors occurred.  
Jason T. Myers v. June Palms Property Management (mem. dec.)
Small claims. Affirms Tippecanoe Superior Court’s denial of Jason Myers’ motion to correct error, seeking relief from judgment. Finds Myers failed to establish he suffered any prejudice arising from the claimed violation of his due process rights.
Corey Wharton v. State of Indiana (mem. dec.)
Criminal. Affirms Corey Wharton’s convictions of Level 5 felony counts of carrying a handgun without a license with a prior felony, possession of methamphetamine and felony operating a motor vehicle after forfeiture of license for life; and Level 6 felony resisting law enforcement. Reverses his conviction of Class A misdemeanor resisting law enforcement. Finds the Vanderbrugh Circuit Court’s repeated reference to Wharton’s prior felony conviction during voir dire did not constitute fundamental error.

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