Opinions August 5, 2025

The following opinions were posted after The Indiana Lawyer’s deadline Monday:
7^th Circuit Court of Appeals
Eric Benson Skeens v. Ron Neal
22-1910
Prisoner. Appeal from the United States District Court for the Northern District of Indiana, South Bend Division. Judge Damon Leichty. Affirms the judgment of the district court denying Eric Skeens’ habeas petition for post-conviction relief. Finds Skeens has not demonstrated that the Indiana Court of Appeals made any unreasonable determination of fact or law when deciding that Skeens suffered no prejudice from his attorney’s remark that he believed Skeens molested a child who testified at Skeens’ trial. Also finds tthere was no reasonable probability of a different outcome had Skeens’s counsel not made his comment. Attorneys for appellant: Michael Ausbrook, Annie Kelly, Gavin Dow. Attorney for appellee: Jesse Drum.

Jonathan D. Cain  v. Frank Bisignano, Commissioner of Social Security
24-1590
Civil. Appeal from the United States District Court for the Southern District of Indiana, New Albany Division. Magistrate Judge Kellie Barr. Affirms the district court’s denial of Jonathan Cain’s disability benefits, holding that substantial evidence supported the administrative law judge’s conclusion. Finds the ALJ met the minimal articulation requirements in assessing the medical evidence and did not err in relying on the vocational expert testimony. Attorney for appellant: Eric Farr. Attorneys for appellee: Julian Wierenga, Meredith Schacht, Keeya Jeffrey, Nichole Johnson.

United States of America v. Daniel Stewart
24-1120
Criminal. Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge James Hanlon. Affirms the district court’s imposing a 360-month term of imprisonment for Daniel Stewart after he was found guilty by a jury of drug distribution, firearm, and financial crimes. Finds the district court correctly determined that, putting aside Stewart’s § 924(c) conviction, he still qualified as a career offender because of his controlled-substance offense. Also finds no errors with Stewart’s resentencing. Attorneys for appellant: Thomas Patton, Terry Tolliver, Michael Roy. Attorneys for appellee: Michelle Brady, Colin Clark.

Tuesday opinions
Indiana Court of Appeals
Kimberly A. White v. Town of Plainfield, Indiana
24A-PL-1690
Civil plenary. Affirms the Hendricks Superior Court’s order in Plainfield’s favor, permanently enjoining Kimberly White from using Plainfield’s registered mark in any manner. Finds the mark does not consist of or comprise the flag or “other insignia” of Plainfield and therefore falls outside of Indiana Code Section 24-2-1-3(3)(B)’s bar on registering such marks. Also finds the trial court’s determination that White infringed on Plainfield’s trademark rights was not clearly erroneous and the trial court therefore properly enjoined White from continuing to use the mark. Attorneys for appellant: Sean Burke, Jeffery Furminger. Attorneys for appellee: Melvin Daniel, Jeffrey Parker, Vivek Hadley.

Charles Brackemyre v. Indiana Department of Transportation and the State of Indiana
24A-CT-3172
Civil tort. Affirms the Orange Circuit Court’s granting of summary judgment in favor of the Indiana Department of Transportation and the State of Indiana as it relates to all of Charles Brackemyre’s claims except for negligent maintenance of the roadway after Brackemyre filed a lawsuit for injuries he had allegedly incurred on a roadway in Orange County. Reverses the trial court’s decision regarding negligent maintenance and remands for proceedings consistent with this opinion. Finds Brackemyre’s designated evidence was sufficient to create a genuine issue of material fact on the question of whether he had been contributorily negligent when the incident occurred. Attorney for appellant: Michael Phelps. Attorneys for appellee: Attorney General Todd Rokita, John Oosterhoff.