Opinions June 25, 2019

Keywords Opinions

7th Circuit Court of Appeals 
SelectSun GmbH v. Porter, Inc., d/b/a Thunderbird Products

Appeal from the United States District Court for the Northern District of Indiana, Fort Wayne Division. Chief Judge Theresa L. Springmann.
Civil. Affirms the Northern District Court’s judgement against SelectSun GmbH in its contract and warranty dispute over whether the exhaust system on a $1 million yacht manufactured by Porter, Inc. complied with particular regulatory requirements imposed by the European Union. Finds SunSelect did not meet its burden of proving damages to a reasonable certainty on either its breach of contract or warranty claims. Also finds SelectSun failed to carry its burden in demanding a return of the yacht’s entire purchase price.

Indiana Court of Appeals 
Jacqueline Smith v. Laurenz Place LLC

Small claims. Reverses the St. Joseph Superior Court’s entry of judgment for Laurenz Place LLC against Jacqueline Smith in the amount of $1,696 for damages and attorney’s fees. Finds the small claims court clearly erred in assessing attorney’s fees against Smith and in offsetting the judgment Smith obtained against Laurenz Place. Also finds Laurenz Place is not entitled to double recovery of those items upon its counterclaim, nor to attorney’s fees from Smith.

William E. Boyd v. State of Indiana (mem. dec.)
Criminal. Affirms and reverses in part William Boyd’s convictions for Level 3 felony criminal confinement, Level 5 felony battery and Level 6 felony sexual battery. Finds there is sufficient evidence to support the criminal confinement conviction. However, remands with instructions to reduce the battery conviction to a Class B misdemeanor to avoid double jeopardy, and to resentence Boyd accordingly. 

Eugene Calvin Roach v. State of Indiana (mem. dec.)
Criminal. Affirms Eugene Roach’s conviction for Class A misdemeanor theft. Finds that the Marion Superior Court did not abuse its discretion in denying Roach’s motion to continue and that there is sufficient evidence to support the conviction. 

Justin Hines v. State of Indiana (mem. dec.)
Criminal. Affirms Justin Hines’ convictions for Level 6 felony resisting law enforcement and Class A misdemeanor invasion of privacy. Finds Hines cannot challenge his guilty plea on direct appeal. Remands for clarification on the intended expiration date of the 972-day no-contact order issued for the victim of Hines’ invasion of privacy conviction. 

Whitesell Precision Components, Inc. v. Autoform Tool & Manufacturing, LLC (mem. dec.)
Civil plenary. Affirms the denial of Whitesell Precision Components, Inc.’s motion to compel arbitration of a dispute between Whitesell and Autoform Tool & Manufacturing, LLC. Finds no error in the denial of Whitesell’s motion to compel. 

Terry L. Lynem v. State of Indiana (mem. dec.)
Post-conviction. Affirms the denial of Terry Lynem’s petition for post-conviction relief. Finds Lynem did not establish that he received ineffective assistance of trial or appellate counsel. 

Cassandra R. (Graham) Sonnigsen v. Bradley Garrison (mem. dec.)
Juvenile paternity. Affirms the Steuben Superior Court’s award of primary physical custody of child O.J.G. to father Bradley Garrison and its order that mother Cassandra Sonnigsen pay $28 per week in child support beginning Dec. 28, 2018. Finds the trial court’s judgment was not clearly erroneous and the trial court did not abuse its discretion in its child support order.

Sandhu Petroleum Corp. No. 3 v. SBJ Petroleum No. 1, LLC; SBJ Petroleum No. 3; LLC, Michael A. Jarard; Corinth Bishop (mem. dec.)
Civil plenary. Dismisses Sandhu Petroleum Corp. No. 3’s appeal of the Lake Superior Court’s order concluding the notice of settlement with SBJ Petroleum No. 1, LLC, SBJ Petroleum No. 3, LLC, Michael A. Jarard and Corinth Bishop did not vacate the trial court’s judgment. Also dismisses Sandhu’s appeal of the trial court’s denial of Sandhu’s motion to recover funds in favor of the defendants. Finds the Indiana Court of Appeals does not have jurisdiction over the case.

In re the Termination of the Parent-Child Relationship of K.H., Ne.W., and Ny.W. (Minor Children) and S.W. (Mother), S.W. (Mother) v. Indiana Department of Child Services, et al. (mem. dec.)
Juvenile termination of parental rights. Affirms the termination of mother S.W.’s parental rights to three of her children. Finds the Marion Superior Court did not err when it concluded that there is a reasonable probability that he conditions resulting in removal will not be remedied, that termination is in the children’s best interests, and that adoption is a satisfactory plan for the children. 

B.L.S. v. State of Indiana (mem. dec.)
Juvenile. Reverses the Marion Superior Court’s finding that juvenile B.L.S. committed what would be Level 3 felony child molesting and Level 6 felony sexual battery if committed by an adult. Finds the evidence establishes that B.L.S. committed only one continuous act of sexual touching, and therefore the true findings for both convictions violate the prohibitions against double jeopardy. Remands with instructions for the trial court to vacate its true finding for sexual battery.

Michael Wayne Vest v. State of Indiana (mem. dec.)
Criminal. Vacates Michael Vest’s conviction for Class A misdemeanor theft. Finds Vest’s Level 5 felony robbery conviction and Class A misdemeanor theft conviction violation the prohibition against double jeopardy pursuant to Article 1, Section 14 of the Indiana Constitution. 


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