7th Circuit Court of Appeals
In re: RYZE Claims Solutions, LLC
Petition for writ of mandamus from the U.S. District Court for the Southern District of Indiana, Indianapolis Division. Chief Judge Jane Magnus-Stinson.
Civil. Grants RYZE Claims Solutions LLC’s petition for a writ of mandamus directing the Indiana Southern District Court to request that the Eastern District of California transfer RYZE’s action back to the Southern District of Indiana. Finds the district court deviated substantially from the methodological course of decision‐making mandated by the Supreme Court of the United States. Also finds this is not the exceptional or unusual case that would justify giving controlling weight to factors other than the forum‐selection clause.
Indiana Court of Appeals
Shawn Spencer v. State of Indiana
Miscellaneous. Reverses the denial of Shawn Spencer’s petition in Vanderburgh Circuit Court to remove his designation as a sexually violent predator. Finds the state failed to establish its affirmative defense of Spencer’s failure to exhaust his administrative remedies. Also finds Spencer does not meet the statutory definition of an SVP as it existed in 2016 when he moved to Indiana. Remands with instructions that the trial court grant Spencer’s petition to remove his designation as an SVP.
Jezia Noel Easton v. State of Indiana (mem. dec.)
Criminal. Affirms Jezia Easton’s convictions for aggravated battery, a Level 3 felony; criminal recklessness, a Level 6 felony; and carrying a handgun without a license, a Class A misdemeanor. Finds sufficient evidence to support the conviction.
Franklin E. Lee v. State of Indiana (mem. dec.)
Criminal. Affirms Franklin Lee’s conviction of Level 1 felony child molesting and his aggregate 35-year sentence. Finds sufficient evidence to support Lee’s conviction. Also finds the sentence is not inappropriate.
In the Matter of the Involuntary Termination of the Parent-Child Relationship of: R’N.F. and R’S.F. (Minor Children), and A.F. (Mother) v. The Indiana Department of Child Services, et al. (mem. dec.)
Juvenile termination of parental rights. Affirms the termination of mother A.F.’s parental rights to her minor children, R’N.F. and R’S.F. Finds sufficient evidence to support the termination.
IN THE INVOLUNTARY TERMINATION OF THE PARENT-CHILD RELATIONSHIP OF: G.B. (Minor Child), and D.B. (Father) v. Indiana Department of Child Services (mem. dec.)
Juvenile termination of parental rights. Affirms the involuntary termination of father D.B.’s parental rights to his minor son, G.B. Finds sufficient evidence supports the Jackson Superior Court’s determination that there is a reasonable probability that the conditions that resulted in G.B.’s removal and/or continued placement outside the home will not be remedied, and that termination of D.B.’s parental rights is in G.B.’s best interests.
Trent A. Nice v. State of Indiana (mem. dec.)
Criminal. Affirms Trent Nice’s conviction for Class A misdemeanor possession of a synthetic drug or synthetic drug lookalike substance. Finds that an officer’s alleged use of excessive force in arresting Nice does not require suppression of the evidence seized during the search incident to his arrest, and that a civil action is the more appropriate remedy to address the officer’s actions.