Opinions Feb. 28, 2024

The following 7^th Circuit Court of Appeals opinion was published after IL’s deadline Tuesday:
Alexis Wells v. The Freeman Company
23-1320
Appeal from the U.S. District Court for the Southern District of Indiana, Evansville Division. Judge James R. Sweeney II.
Civil. Affirms the district court’s judgment. Finds Alexis Wells was an independent contractor and Timothy Vaughn’s actions cannot be attributed to The Freeman Company. Also finds there is no basis for holding Freeman vicariously liable for Vaughn’s allegedly tortious conduct.

Wednesday opinions
Court of Appeals of Indiana
M.W. v. H.Y.
23A-PO-879
Protection order. Affirms the Lake Circuit Court’s grant of a protection order against M.W. Finds the trial court was not required to announce the cause number of the PO Cause at the beginning of the hearing, nor was it required to announce at some point during the hearing, when the evidence being presented was directed toward the PO Cause as opposed to the dissolution proceedings. Also finds M.W. has failed to meet his burden to show that the trial court failed to hold a hearing as required by Indiana Code section 34-26-5-9(h) and to receive evidence to support H.Y.’s petition for a protection order.

Goalsetter Systems Inc. d/b/a Escalade Sports v. Estate of Nolan Gerwels et. al.
23A-CT-1896
Civil tort. Affirms the grant of the Estate of Nolan Gerwels’s motion to compel Goalsetter Systems Inc. to produce documents. Finds Goalsetter possesses no privilege preventing disclosure in a state court discovery dispute based upon a federal agency refusal of disclosure in a Freedom of Information Act context. Also finds Goalsetter has not shown that the St. Joseph Circuit Court abused its discretion in compelling the production of documents and denying Goalsetter’s motion for a protective order.

The Trustees of Purdue University v. American Home Assurance Company
23A-PL-1413
Civil plenary. Affirms Allen Superior Court’s order granting summary judgment to American Home Assurance Company. Finds American Home has shown the absence of a genuine issue of material fact and demonstrated its entitlement to judgment as a matter of law regarding coverage under a policy with Purdue University. Also finds the policy is not ambiguous and the trial court did not err in applying the law to the claim.

Alexander R. Irwin v. State of Indiana
23A-CR-501
Criminal. Affirms Alexander Irwin’s convictions for dealing in cocaine, dealing in a narcotic drug and dealing in methamphetamine. Finds Wayne Superior Court did not err in admitting security camera footage taken outside of Irwin’s apartment without proper authentication. Also finds the trial court did not abuse its discretion when it refused to give Irwin’s requested jury instruction.

Amanda Peters, as Natural Parent of Isabelle Meyer, Deceased, v. Girl Scouts of Southwest Indiana, Inc., Girl Scouts of the United States of America, Inc., Benjamin Brassard, and Cynthia Meyer
23A-CT-1342
Civil tort. Affirms the Perry Circuit Court’s dismissal of Benjamin Brassard and Cynthia Meyer’s claims from a Child Wrongful Death Statute action brought by Amanda Peters against the Girl Scouts of Southwest Indiana. Finds the father and grandmother failed to file timely claims.

Christina Marie Etter v. State of Indiana (mem. dec.)
23A-CR-1731
Criminal. Affirms Christina Etter’s conviction in Marion Superior Court of battery by means of a deadly weapon, as a Level 5 felony. Finds the state presented sufficient evidence to rebut her claim of self-defense.

Termination: L R, et al. v. Indiana Department of Child Services (mem. dec.)
23A-JT-2341
Juvenile termination of parental rights. Affirms the Lawrence Circuit Court’s termination of A.M.’s parental rights to his child, B.M., and the termination of L.R.’s parental rights to her children, B.D. and B.M. Finds the trial court’s findings supported its conclusions that the conditions under which children were removed from the mother’s care would not be remedied and that termination of mother’s parental rights was in the children’s best interests. Also finds the father’s argument regarding the trial court’s footnote about the mother’s invocation of her Fifth Amendment right is waived for failure to make a cogent argument.

Bertha L. Gray v. State of Indiana (mem. dec.)
23A-CR-2281
Criminal. Affirms Bertha Gray’s sentence in Allen Superior Court for resisting law enforcement as a Level 6 felony and resisting law enforcement as a Class A misdemeanor. Finds that Gray has not sustained her burden of establishing that her concurrent aggregate sentence of two and one-half years is inappropriate.

Aaron Lamont Marks v. State of Indiana (mem. dec.)
23A-CR-1938
Criminal. Affirms the Marion Superior Court’s adjudication of Aaron Marks as a habitual offender. Finds the trial court did not abuse its discretion in finding good cause to allow the state to file the habitual offender allegation less than 30 days before the commencement of Marks’ trial.

Zachary R. Chetwood v. State of Indiana (mem. dec.)
23A-CR-1935
Criminal. Affirms Zachary Chetwood’s sentence in Franklin Circuit Court for attempted aggravated battery as a Level 3 felony, intimidation as a Level 5 felony, criminal recklessness as a Level 5 felony, and pointing a firearm as a Level 6 felony. Finds his sentence is not inappropriate.

Juan C. Bravo v. Heather N. Bravo (mem. dec.)
23A-DC-1115
Domestic relations with children. Affirms the Marion Superior Court’s valuation of Don Juan’s Taqueria in Juan Bravo and Heather Bravo’s divorce. Finds the trial court did not abuse its discretion in its valuation of the restaurant.