Opinions Jan. 13, 2023

Keywords Opinions

The following 7th Circuit Court of Appeals opinion was posted after IL deadline on Thursday:
Michael Juday v. FCA US LLC
21-1414
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Chief Judge Tanya Walton Pratt.
Affirms the grant of summary judgment to FCA US LLC on Michael Juday’s suit alleging interference with his rights under the Family and Medical Leave Act and retaliation against him for using FMLA leave. Finds Juday did not present evidence that would permit a reasonable jury to find that his suspension from FCA was not based on an honest suspicion of FMLA abuse.

Court of Appeals of Indiana
Erin Harrell Stanley v. Andrea Burns and Renardell Burns
22A-CT-721
Civil tort. Affirms the grant of summary judgment in favor of Andrea Burns and Renardell Burns in a dispute with Erin Harrell Stanley. Finds the defendants had no common law or statutory duty to clear the public sidewalk outside their home where Stanley fell while visiting for a business-related meeting. 

In the Matter of: K.V. and A.V. (Minor Children), and A.W. and S.W. v. Indiana Department of Child Services
22A-JC-987
Juvenile CHINS. Affirms the denial of foster parents A.W. and S.W.’s motion to correct error after the placement of K.V. and A.V. in their home was terminated, the denial of the foster parents’ motion to intervene in the child in need of services proceedings, and the stay of any custody determination until the completion of the CHINS proceedings. Finds the juvenile court did not abuse its discretion.

Jamia Franklin, as Personal Representative of the Estate of Phillip Franklin v. Elizabeth Senetar (mem. dec.)
21A-CT-2154
Civil tort. Reverses the denial of Jamia Franklin’s motion to correct error, which was filed following the “Order Enforcing Settlement” that the Lake Superior Court entered in favor of Elizabeth Senetar. Finds the record is devoid of evidence of any of the actual terms of the alleged settlement reached by the parties, so there can be no settlement to enforcement and the trial court abused its discretion when it denied Franklin’s motion to correct error. Remands for further proceedings.

John Franklin Bryant v. State of Indiana (mem. dec.)
21A-CR-2914
Criminal. Affirms John Bryant’s murder conviction and 60-year sentence. Finds the Monroe Circuit Court did not err by denying Bryant’s motion to suppress or by admitting evidence seized during the police search of his apartment. Also finds the trial court did not abuse its sentencing discretion, and the sentence is not inappropriate.

In re the Marriage of: Jennifer Fogg and Mark Figg (mem. dec.)
22A-DC-1038
Domestic relations with children. Affirms and reverses in part the order for mother Jennifer Figg to pay father Mark Figg $325 per week in child support and $13,715 in child support arrearages, $20,000 to Mark for his attorney fees, and $31,527 to the doctor who conducted the parents’ psychological evaluation, as well as the order for the sale of the marital residence. Finds the Morgan Superior Court did not err in ordering Jennifer to pay Mark’s attorney fees, ordering her to pay the cost of the psychological evaluation or ordering the sale of the marital residence. Also finds the trial court did err in its order on child support and arrearages and in ordering Jennifer to pay $20,000 in attorney fees. Remands for further proceedings, including the redetermination of the parents’ respective child support obligations and the amount of reasonable attorney fees Mark has incurred; reexamination of the amount of the award of attorney fees; and reexamination of Jennifer’s specifically responsibility for the entire cost of the court-ordered psychological evaluation.

Patrick Austin Driscoll v. State of Indiana (mem. dec.)
22A-CR-1878
Criminal. Affirms Patrick Driscoll’s sentence to an aggregate of five years for his convictions of Level 6 felony resisting law enforcement and Level 6 felony neglect of a dependent. Finds that because one of Driscoll’s convictions, resisting law enforcement, is a crime of violence, Indiana Code § 35-50-1-2 does not apply to his consecutive terms.

Sixto Cotto v. State of Indiana (mem. dec.)
22A-PC-2034
Post-conviction. Affirms the denial of Sixto Cotto’s petition for post-conviction relief. Finds Cotto has not met his burden to establish that the unraised Beno v. State, 581 N.E.2d 922 (Ind. 1991) sentencing claim was significant and obvious on the fact of the record or was clearly stronger than the issues raised. Also finds Cotto has failed to demonstrate that his appellate counsel’s representation fell below the objective standard of reasonableness.

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