Opinions April 14, 2021

The following 7th Circuit Court of Appeals opinion was posted after IL deadline Tuesday:
Roderick V. Lewis v. Dushan Zatecky
20-1642
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Richard L. Young.
Civil. Reverses the denial of Roderick Lewis’ petition for writ of habeas corpus. Finds the decision of the last responsible state court was contrary to U.S. Supreme Court precedent, insofar as it held that Strickland, not Cronic, furnished the applicable rule, and it was an unreasonable application of Cronic, insofar as it focused on that case. Remands for the issuance of the writ, limited to resentencing. Judge Michael Brennan dissents with separate opinion.

Wednesday opinions
Indiana Court of Appeals
Lake County, Indiana v. Paul G. House, Jr., Heather A. House, Mortgage Electronic Registration Systems, Inc., for Ditech Financial, LLC, Amy L. Lejeune, and Any Other Interested Parties
20A-PL-1675
Civil plenary. Reverses the reopening of Lake County’s previously dismissed complaint and the issuing of injunctive relief in favor of Paul G. House Jr., Heather A. House, Mortgage Electronic Registration Systems Inc. for Ditech Financial LLC, Amy L. LeJeune and any other interested parties. Finds the Lake Superior Court abused its discretion when it granted the Houses’ motion to reopen the condemnation complaint to allow the Houses to challenge a new and distinct taking than that which formed the basis for the county’s original condemnation complaint. Also finds the Court of Appeals has jurisdiction over the instant appeal.

ResCare Health Services, Inc. v. Indiana Family and Social Services Administration — Office of Medicaid Policy and Planning
20A-MI-1025
Miscellaneous. Affirms the denial of ResCare Health Services Inc.’s petition for judicial review and request for declaratory judgment in favor of Indiana Family and Social Services Administration – Office of Medicaid Policy and Planning concerning ResCare’s request for reimbursement of the costs for over-the-counter medicines. Finds FFSA’s interpretation that OTC medicines are not included in the per diem rate for privately run facilities for ICF/IID is not contrary to law. Also finds the denial of reimbursement for non-Formulary OTC medicines is not an unconstitutional taking under the Indiana Constitution. Finally, finds the Marion Superior Court did not abuse its discretion in denying ResCare’s request for a declaratory judgment.

Kevin R. Hemingway v. State of Indiana (mem. dec.)
20A-CR-2126
Criminal. Affirms the revocation of Kevin R. Hemingway’s probation and the imposition of his entire 846-day suspended sentence. Finds the state presented sufficient evidence to prove Hemingway violated his probation by committing a new crime, domestic battery. Also finds the Dearborn Superior Court acted well within its discretion when it ordered Hemingway to serve all his suspended time in the Department of Correction.

Dontay Martin v. State of Indiana (mem. dec.)
20A-PC-1447
Post conviction. Affirms the denial of Dontay Martin’s petition for post-conviction relief. Finds Martin has failed to show that the evidence as a whole leads unerringly and unmistakably to a conclusion opposite that reached by the post-conviction court. Also finds Martin’s request for post-conviction relief on the basis of newly discovered evidence fails.

Justin Lee McFadden v. State of Indiana (mem. dec.)
20A-CR-1841
Criminal. Affirms Justin Lee McFadden’s convictions of Level 6 felony counts of battery against a public safety official, confinement and obstruction of justice and Class A misdemeanor counts of resisting law enforcement, domestic battery, interfering with a law enforcement animal and invasion of privacy. Finds the Madison Circuit Court did not abuse its discretion when it joined McFadden’s two cases. Also finds the trial court did not abuse its discretion when it admitted the state’s evidence of McFadden’s prior domestic violence charges.

Kristin Eugene Smiley v. State of Indiana (mem. dec.)
20A-CR-2042
Criminal.  Affirms Kristin Smiley’s conviction of child solicitation as a Level 4 felony and his six-year sentence. Finds the state presented sufficient evidence beyond a reasonable doubt to sustain Smiley’s conviction in Jennings Circuit Court for child solicitation. Also finds Smiley’s sentence is not inappropriate in light of the nature of the offense and his character.

Mario Sims v. Pete Buttigieg; Mike Schmul; Tim Corbett; City of South Bend, Indiana; Stephanie Steele as Corporation Counsel for the City of South Bend, Indiana; Tasha Reed Outlaw; Ann-Carol Nash; and Cristal Brisco (mem. dec.)
20A-CT-2390
Civil tort. Affirms and reverses in part the St. Joseph Superior Court and Marshall Circuit Court’s denial of Mario Sims’ lawsuit alleging a conspiracy against him and the denial of his second motion for change of venue. Finds the St. Joseph Superior Court properly dismissed Sims’ complaint, but all subsequent rulings should be considered nullities.

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