Opinions Aug. 31, 2021

The following 7th Circuit Court of Appeals opinion was posted after IL deadline Monday:
United States of America v. Odonis D. Parker
20-1231
Appeal from the United States District Court for the Northern District of Indiana, Fort Wayne Division. Judge Damon R. Leichty.
Criminal. Affirms Odonis Parker’s conviction of being a felon in possession of a firearm. Finds Parker’s Sixth Amendment rights weren’t violated when the Indiana Northern District Court prohibited him from cross-examining government witnesses about the lack of DNA evidence tying him to the firearm in a shooting involving his ex-girlfriend. Also finds it is beyond reasonable doubt that any exclusion of cross-examination about the DNA evidence did not contribute to the verdict obtained. Finally, finds any error would be harmless.

Tuesday opinions
Indiana Supreme Court
Teresa Blackford v. Welborn Clinic
21S-CT-85
Civil tort. Affirms the grant of summary judgment to the Welborn Clinic and the denial of Teresa Blackford’s motion for partial summary judgment. Finds the Indiana Business Trust Act’s limitation period is a statute of repose, so fraudulent concealment may not extend the time in which to file a claim. Also finds that even if the limitation period were subject to tolling, a tortfeasor’s constructive fraud precludes equitable relief. Finally, finds Blackford’s claim was untimely.

Indiana Court of Appeals
In the Matter of A.A.D., A.D., and J.D. (Minor Children) and T.D. (Father) v. Indiana Department of Child Services
21A-JC-665
Juvenile CHINS. Reverses the Allen Superior Court’s order that father T.D. must submit to an informal adjustment in a children in need of services case without his consent. Finds that consent was needed for an informal adjustment. Finds that because the trial court determined there was insufficient evidence to support a CHINS adjudication, the court should’ve discharged the children back to the father.

Darrin N. May v. State of Indiana (mem. dec.)
20A-CR-2360
Criminal. Affirms Darrin N. May’s conviction of Level 1 felony rape and his adjudication as a habitual offender. Finds McCord’s testimony about N.C.’s disclosure regarding the assault did not violate May’s rights under the confrontation clause of the Sixth Amendment, or under Article 1, Section 13 of the Indiana Constitution. Also finds the Delaware Circuit Court did not abuse its discretion in determining that the state laid an adequate foundation to establish that Caryn Burton was an expert for purposes of testifying about N.C.’s post-rape behavior.

Nancy Jo Young v. State of Indiana (mem. dec.)
21A-CR-12
Criminal. Affirms the Hendricks Superior Court’s denial of a motion by Nancy Jo Young to suppress items seized from her vehicle during a traffic stop, after which she was charged with Level 6 felony possession of methamphetamine and Level 6 unlawful possession of a syringe. Finds that the deputy had reasonable suspicion to stop Young’s car to investigate possible driver impairment. Also finds the deputy did not unnecessarily prolong the traffic stop, and that a dog sniff did not prolong it beyond what was necessary to complete its purpose. Finally, finds the seizure of items from Young’s car did not violate her Fourth Amendment rights.

Travis Gray v. State of Indiana (mem. dec.)
21A-CR-240
Criminal. Affirms Travis Gray’s conviction of Class B misdemeanor disorderly conduct. Finds the Putnam Circuit Court had sufficient evidence to make a reasonable inference to support the verdict, as Gray made “unreasonable noise” despite “continuing requests to stop by the police.”

Daniel P. Keck v. State of Indiana (mem. dec.)
21A-CR-502
Criminal. Affirms Daniel P. Keck’s sentence for his conviction of Level 4 felony sexual misconduct with a minor, Level 5 felony child exploitation and being a habitual offender. Finds Keck has not met his burden to demonstrate that his 16-year executed sentence is inappropriate.

Zachery Ryan Roe v. State of Indiana (mem. dec.)
21A-CR-662
Criminal. Affirms Zachary Ryan Roe’s conviction of attempted child molesting as a Level 4 felony. Finds sufficient evidence was presented to support Roe’s conviction.

In the Matter of the Involuntary Termination of the Parent-Child Relationship of T.G.T (Minor Child) and J.F. (Mother) v. Indiana Department of Child Services (mem. dec.)
21A-JT-621
Juvenile termination of parental rights. Affirms the termination of mother J.F.’s parental rights to her child, T.G.T. Finds the Bartholomew Circuit Court didn’t err in concluding the involuntary termination of J.F.’s parental rights were in the best interest of her child.

James Neil v. Joe Byers and Debra Byers (mem. dec.)
21A-CT-431
Civil tort. Affirms the Marion Superior Court’s denial of a motion by James Neil to vacate an order granting summary judgment. Finds Neil has not demonstrated that he is entitled to relief under Trial Rule 60(B). Also finds the trial court did not err.

Christopher P. Rowe v. State of Indiana (mem. dec.)
21A-CR-393
Criminal. Affirms the order for Christopher Rowe to execute his previously suspended sentence in jail where he would receive substance abuse treatment following the revocation of his probation. Finds the Pulaski Superior Court acted within its discretion when it ordered Rowe to serve his previously suspended sentence in jail.

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