Opinions Aug. 6, 2020

The following 7th Circuit Court of Appeals opinion was posted after IL deadline Wednesday.
Karen Vaughn v. Jennifer Walthall
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Chief Judge Jane MagnusStinson.
Civil. Reverses a grant of summary judgment and an injunction in favor of Karen Vaughn that required the state of Indiana to pay the costs of her necessary around-the-clock home-based health care not reimbursed by Medicaid. Finds Vaughn is entitled to care only to the extent that, working with the state, she can craft a program that complies with federal and state law and does not deprive Indiana of the ability to receive its share of federal reimbursement through the Medicaid program for services provided. Remands for proceedings.

Indiana Court of Appeals
Eric McGowen and Vision Logistics, Inc. v. Bradley Montes
Civil tort. Affirms in part, reverses in part the Tippecanoe Superior Court’s rulings on Eric McGowen, Vision Logistics, Inc. and Bradley Montes’ cross-motions for summary judgment, where it determined that a dispute of material fact remains to be decided at trial. Finds McGowen’s conduct did not meet the standard of willful or wanton misconduct. Therefore, the trial court erred in denying in part McGowen and Vision’s motion for summary judgment, because they are entitled to the protection of the Good Samaritan Law. Remands with instructions to grant McGowen’s and Vision’s motion for summary judgment.

Jared J. Gorby v. State of Indiana
Criminal. Affirms Jared Gorby’s conviction for Level 3 felony child molesting. Finds the St. Joseph Superior Court did not abuse its discretion by allowing video of the forensic interview of the victim to be played for the jury under Indiana Rule of Evidence 803(5).

In the Matter of the Involuntary Termination of the Parent-Child Relationship of B.J.B. (Minor Child) and N.D. (Father) v. The Indiana Department of Child Services (mem. dec.)
Juvenile termination. Affirms the involuntary termination of N.D.’s parental rights to his minor child B.J.B. Finds N.D.’s challenge to the Vanderburgh Superior Court’s termination of his parental rights is waived for failure to make a cogent argument and that any error in the admission of evidence is harmless.

Lawon Browning v. State of Indiana (mem. dec.)
Criminal. Affirms in part, vacates in part Lawon Browning’s conviction of murder and Level 3 felony robbery. Finds Browning’s robbery conviction must be vacated, and remands for entry of judgment of conviction and resentencing for Level 5 felony robbery. Also finds Browning has failed to establish that the Marion Superior Court was biased against him or that the trial court abused its discretion in admitting Network Element Location Service and Drive Test evidence.

In the Matter of S.C., Kad.C., and Kai.C., Children in Need of Services, K.C., Mother, and J.C., Father v. Indiana Department of Child Services (mem. dec.)
Juvenile CHINS. Affirms the adjudication of S.C., Kad.C., and Kai.C. as children in need of services. Finds the Department of Child Services presented sufficient evidence to support that the children are CHINS, and the Monroe Circuit Court did not abuse its discretion in ordering mother to complete a psychological assessment and a gun safety course.

Andrew L. Clary, Jr. v. Michael Ghosh (mem. dec.)
Civil plenary. Affirms the denial of Andrew Clary, Jr.’s motion to vacate the Hamilton Superior Court’s order of default judgment against him. Finds there is evidence in the record to support the trial court’s finding that Clary was served with a summons and that Clary has waived his other arguments. Finds the trial court did not err.

Gerardo Hurtado v. State of Indiana (mem. dec.)20A-CR-653
Criminal. Affirms the revocation of Gerardo Hurtado’s probation. Finds the Bartholomew Superior Court did not abuse its discretion and acted within its discretion in determining that Hurtado violated the terms of his probation.

Devon Buchanan v. State of Indiana (mem. dec.)
Criminal. Affirms Devon Buchanan’s Level 1 felony child molesting conviction. Finds the Marion Superior Court did not abuse its discretion in excluding evidence that Buchanan cooperated with law enforcement. Finds his cooperation with law enforcement was not relevant and therefore, was inadmissible.

Wayne C. Westphal v. Chemical Bank, by successor and merger to Talmer Bank and Trust (mem. dec.)
Civil collection. Affirms the St. Joseph Superior Court’s judgment in favor of Chemical Bank, by successor and merger to Talmer Bank and Trust, on Chemical Bank’s complaint that Wayne Westphal failed to make payments pursuant to the terms of a loan agreement. Holds that no genuine issue of material fact exists that Chemical Bank served its responses to Westphal’s request for admissions by the court-mandated due date. Finds that the trial court did not abuse its discretion in denying Westphal’s motion to correct error when Chemical Bank established the existence of a contract and the assignment of the debt.

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