Opinions June 18, 2019

Keywords Opinions

7th Circuit Court of Appeals
Catherine Wanko v. Board of Trustees of Indiana University

18-2767
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Tanya Walton Pratt.
Civil. Affirms the Southern District’s grant of summary judgment to Indiana University on Catherine Wanko’s Title VI racial discrimination claim. Finds Wanko was unable to show a sufficient comparator for her discrimination claim and that the district court did not abuse its discretion in resolving the case’s discovery disputes.

Indiana Court of Appeals
Joan Tutino v. Rohr-Indy Motors Inc d/b/a Bob Rohrman's Indy Honda and Bob Rohrman Honda Dealership, Service Department d/b/a Bob Rohrman Honda Service Department

18A-CT-2435
Civil tort. Affirms the Marion Superior Court’s grant of summary judgment to Bob Rohrman defendants alleging that the Bob Rohrman Honda Service Department negligently repaired a defective airbag that failed to deploy when Joan Tutino was injured in a collision. Finds that Rohrman demonstrated the absence of a genuine issue of fact as to a determinative issue and Tutino failed to come forward with contrary evidence showing an issue remained for trial.

Paul Zartman and Brenda Cameron, Individually; et al. v. William G. Zartman, III, Individually and as Successor Co-Trustee of the Marilyn M. Zartman Revocable Trust; Kim Zartman; et al.
18A-PL-1071
Civil plenary. Remands the Miami Circuit Court’s denial of Paul Zartman and Brenda Cameron’s motion for summary judgment against their brother, William Zartman III. Finds the trial court misconstrued its role in determining the contents of Marilyn Zartman’s trust for purposes of deciding summary judgment and erred by taking into account evidence that had not been designated. Remands for the trial court to reconsider its ruling on summary judgment in accordance with the appellate court’s directions and sustain the present judgment, or not, accordingly.

In the Matter of J.S. (Child in Need of Services) K.S. (Mother) v. The Indiana Department of Child Services
18A-JC-2816
Juvenile CHINS. Affirms the Hamilton Superior Court did not err in denying mother K.S.’s motion to dismiss the child in need of services case against her eldest child, J.S. Finds the dismissal sanction of Indiana Code Section 31-34-11-1(d) for failure to timely conduct a CHINS factfinding hearing is not a mechanism to collaterally attack a CHINS adjudication.

Randy H. Wilson v. State of Indiana (mem. dec.)
18A-CR-2736
Criminal. Affirms Randy Wilson’s aggregate 12-year sentence for conviction of Level 5 felony robbery and Level 5 felony criminal confinement. Finds the Bartholomew Superior Court did not abuse its discretion in failing to find his mental illness a mitigating factor. Also finds Wilson waived his claim.

Dustin Lee Fisher v. State of Indiana (mem. dec.)
19A-CR-186
Criminal. Affirms Dustin Lee Fisher’s four-year sentence after he pleaded guilty to Level 5 felony failure to register as a sex offender. Finds the Hancock Circuit Court did not abuse its discretion in sentencing Fisher. Finds Fisher’s sentence is not inappropriate.

William T. Gudger v. State of Indiana (mem. dec.)
18A-CR-525
Criminal. Affirms William Gudger’s conviction of Level 3 felony robbery. Finds the Howard Superior Court did not err when it admitted evidence that law enforcement officers had seized pursuant to a search of his residence. Judge John G. Baker concurs in a separate opinion.  

Charles C. Clock v. State of Indiana (mem. dec.)
18A-CR-2855
Criminal. Affirms Charles Clock’s convictions of Level 4 felony dealing in methamphetamine and Level 4 felony dealing in a narcotic drug. Finds there is sufficient evidence to support the convictions.

Spencer Davidson v. State of Indiana (mem. dec.)
19A-CR-201
Criminal. Affirms Spencer Davidson’s conviction of Level 5 felony attempted burglary. Finds there is sufficient evidence to support the conviction.

Herschel E. Hartley, Sr. v. Sharon K. Hartley (mem. dec.)
19A-DR-207
Domestic relation. Reverses the Blackford Superior Court’s grant of relief to Sharon Hartley on the basis that the parties made a mistake during her dissolution of marriage when Herschel Hartley allegedly did not disclose a retirement account. Finds that because Sharon filed her motion to modify decree more than one year after it was entered, she is not entitled to relief under Trial Rule 60(B)(1). Finds Herschel established prima facie error.

David Gill v. State of Indiana (mem. dec.)
18A-CR-2335
Criminal. Affirms David Gill’s 12-year sentence for conviction of Level 4 felony sexual misconduct with a minor. Finds the sentence is not inappropriate and that the Orange Circuit Court did not abuse its discretion by relying on the nature and circumstances of the offense aggravator.

Jason D. Crowder v. State of Indiana (mem. dec.)
18A-CR-2106
Criminal. Affirms Jason Crowder’s 12-year sentence for conviction of burglary and theft. Finds his sentence is not inappropriate.

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