Opinions Aug. 12, 2021

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The following 7th Circuit Court of Appeals opinion was posted after IL Deadline on Wednesday:

Reid Hospital and Health Care Services, Inc. v. Conifer Revenue Cycle Solutions, LLC
Appeal from the U.S. District Court for the Southern District of Indiana, Indianapolis Division. Judge James Patrick Hanlon.

Civil. Reserves grant of summary judgment to Conifer Revenue Cycle Solutions. Finds Conifer’s arguments are in conflict with the tailored language of the contract with Reid Hospital, which includes a glossary of 66 contract-specific terms. Rules the contract does not define all lost revenue as indirect or consequential so Reid Hospital can seek to recover damages. Holds whatever the parties meant by “willful misconduct,” a jury could find that at least some of Conifer’s assumed breaches amounted to willful misconduct.

Opinions Aug. 12, 2021
Indiana Court of Appeals

Brian J. Phillips v. State of Indiana
Criminal. Affirms Brian Phillips’ conviction for Level 2 felony dealing in methamphetamine. Finds there was no illegal search of Phillips’ home after a houseguest reported to police that he was using and dealing meth. However, sua sponte reverses Phillips’s conviction for Level 3 felony possession of meth because it violates double jeopardy. Remands to vacate that conviction.

I.J. v. State of Indiana
Juvenile. Affirms the Marion Superior Court’s order detaining 14-year-old I.J. at a residential treatment facility while she received competency restoration services. Finds that Indiana Code § 31- 32-12-1(3), as interpreted by the Indiana Supreme Court, authorized the juvenile court to order competency restoration services after finding I.J. not competent for adjudication. Also finds the juvenile court was authorized to detain I.J. under Indiana Code § 31-37-6-6(a)(4) while her competency was being restored.

Charles William Winkelman v. State of Indiana (mem. dec.)
Criminal. Affirms Charles Winkelman’s five-year sentence for conviction of Level 6 felony unlawful possession of a syringe and his adjudication as a habitual offender. Finds his sentence is not inappropriate and that there is sufficient evidence to support the unlawful possession conviction.

Cale E. Winternheimer v. State of Indiana (mem. dec.)
Criminal. Affirms a finding that Cale Winternheimer is guilty but mentally ill of Level 4 felony attempted arson, Level 6 felony criminal recklessness, and Class B misdemeanor criminal mischief. Finds no double jeopardy violations.

Paternity: Kelly Lyons v. Harold Parker (mem. dec.)
Juvenile paternity. Reverses the Putnam Superior Court’s order granting Harold Parker’s motion to modify custody with Kelly Lyons. Finds Mother waived review of any challenge to the special judge’s authority and is not entitled to any relief on that basis. However, finds that the trial court abused its discretion in denying Mother’s request for a continuance and remands for a new hearing.

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