Opinions Jan. 25, 2022

The following 7^th Circuit Court of Appeals opinions were posted after IL deadline Monday:
Donnie Johnson v. United States of America
17-1912
Appeal from the United States District Court for the Northern District of Indiana, Hammond Division. Judge Rudy Lozano.
Civil. Affirms the denial of Donnie Johnson’s petition to vacate his enhanced sentencing of almost 23 years in prison for his conviction of possession of a firearm by a violent felon. Finds Johnson has at least three prior convictions that are qualified as violent felonies or serious drug offenses under the Armed Career Criminal Act, making him eligible for enhanced sentencing. Also finds Indiana’s criminal deviate conduct offense is divisible. Finally, finds Johnson’s conviction was a violent felony.

Eric Gooch v. S Young and J. Wilson
21-1702
Appeal from the United States District Court for the Southern District of Indiana, Terre Haute Division
Judge James P. Hanlon
Civil. Vacates summary judgment granted to Lt. S. Young and Officer J. Wilson, two officers at the U.S. Penitentiary in Terre Haute. Finds inmate Eric Gooch did not have any administrative remedies available to address his allegations that Young and Wilson encouraged another prisoner to assault him because officials refused to give him the grievance form and threatened to harm him if he filed grievance. Remands for further proceedings.

Tuesday opinions
Indiana Supreme Court
The Residences at Ivy Quad Unit Owners Association, Inc. v. Ivy Quad Development, LLC, et al.
21S-PL-294
Civil plenary. Affirms and reverses in part the dismissal of a complaint for breach of the implied warranty of habitability and for negligence filed by The Residences at Ivy Quad Unit Owners Association Inc. against defendants Matthews LLC, DMTM Inc., David Matthews and Velvet Canada. Finds David Matthews and Velvet Canada are builder-vendors and therefore could be held liable for breach of the implied warranty of habitability. Also finds DMTM Inc. and Matthews LLC were not builder-vendors. Finally, finds that although the economic loss doctrine may preclude recovery on the negligence claim as the facts mature, dismissal at this stage is premature. Remands for proceedings consistent with the opinion.

Court of Appeals of Indiana
Brian J. Allen v. State of Indiana
21A-XP-368
Expungement. Affirms the denial of Brian Allen’s petition for expungement. Finds the Dearborn Superior Court did not abuse its discretion when it denied Allen’s petition for expungement.

Bryan Priest v. State of Indiana
21A-MI-551
Miscellaneous. Reverses the denial of Bryan Priest’s motion to suppress evidence of his alcohol concentration equivalent when charged with operating a commercial motor vehicle with an ACE of 0.04 but less than 0.08 as a Class C infraction. Finds that the Hendricks Superior Court’s decision to admit the evidence was erroneous, and that its denial of Priest’s motion to suppress the evidence of his ACE was not supported by substantial evidence of probative value.

Michael Williams v. State of Indiana (mem. dec.)
20A-PC-1582
Post-conviction. Affirms the denial of Michael Williams’ petition for post-conviction relief. Finds the post-conviction court did not err in denying Williams post-conviction relief on his claim of ineffective assistance of counsel.

Kellie J. Cannon v. State of Indiana (mem. dec.)
21A-CR-735
Criminal. Affirms Kellie J. Cannon’s sentence to a total of 39 years for her convictions of Level 1 felony aiding in child molesting by a person at least 21 years of age and Level 3 felony promotion of human trafficking of a minor. Finds the LaPorte Circuit Court did not abuse its sentencing discretion in its consideration of mitigating factors. Also finds Cannon has failed to show that her advisory sentences, served consecutively, are inappropriate.

Roland Hamilton, as Personal Representative of the Estate of Helen Hamilton v. Anonymous M.D. 1, Anonymous NP, Anonymous M.D. 2, Anonymous Hospital and Anonymous Practice Group (mem. dec.)
21A-MI-869
Miscellaneous. Affirms the grant of summary judgment to Anonymous M.D. 2 on Roland Hamilton’s complaint for damages filed on behalf of the Estate of Helen Hamilton. Finds that because the medical review panel unanimously determined that defendants Anonymous M.D. 1, Anonymous NP, Anonymous M.D. 2, Anonymous Hospital and Anonymous Practice Group had not breached the standard of care, and Hamilton failed to supply expert testimony supporting an argument to the contrary, the Marion Superior Court did not err in granting the motion for summary judgment. Also finds that Hamilton’s arguments that the trial court erred, and did not have subject matter jurisdiction, when entering summary. Judgment on a claim where the medical review panel did not consider his claim for sepsis do not alter the dispositive effect of his failure to respond to the motion for summary judgment.

Dominique Raymond Carlisle v. State of Indiana (mem. dec.)
21A-CR-1151
Criminal. Affirms Dominique Carlisle’s convictions of attempted murder, burglary and auto theft. Finds there was sufficient evidence of identity.

Christine Ling Chen v. Robert Lee Brewer (mem. dec.)
21A-JP-1184
Juvenile paternity. Affirms the order granting father Robert Brewer sole legal custody of his child with mother Christine Ling Chen, granting Chen parenting time and order her to pay child support. Finds the Bartholomew Superior Court’s challenged findings are supported by the record and are not clearly erroneous. Also finds the trial court did not err in granting Brewer sole legal custody. Finally, finds the trial court did not abuse its discretion in limiting Chen’s parenting time, nor in calculating her child support obligation.

Jairus D. Allen v. State of Indiana (mem. dec.)
21A-CR-1352
Criminal. Reverses the order effectively denying Jairus D. Allen’s motion to reduce his $500,000 cash-only bail. Finds the Daviess Superior Court abused its discretion. Remands with instructions for the trial court to reduce and set Allen’s bail based upon proper consideration of the relevant statutory factors. Chief Judge Cale Bradford dissents with separate opinion.

Thomas Cortez Minor, II v. State of Indiana (mem. dec.)
21A-CR-1380
Criminal. Affirms Thomas Cortez Minor II’s conviction for Class B misdemeanor disorderly conduct. Finds that a fact-finder could reasonably conclude from the evidence that Minor produced decibels of sound that were too loud for the circumstances.

In the Matter of Z.R.M., Minor Child Alleged to be a Child in Need of Services; S.M. (Mother) v. Indiana Department of Child Services (mem. dec.)
21A-JC-1473
Juvenile CHINS. Affirms the adjudication of mother S.M.’s minor child, Z.M., as a child in need of services. Finds the Dearborn Circuit Court’s challenged findings are either supported by the evidence or, if there were an error, any error would be harmless. Also finds the trial court did not err when it adjudicated Z.M. to be a CHINS.

Randal Wilson v. Annika Dowden (mem. dec.)
21A-JP-1513
Juvenile paternity. Affirms the denial of father Randal Wilson’s petition to modify custody. Finds Wilson has waived his appellate arguments by failing to support them with citations to the record. Waiver notwithstanding, also finds the Howard Circuit Court did not err in denying the motion to modify custody.

David Leroy Lutz v. State of Indiana (mem. dec.)
21A-CR-1661
Criminal. Affirms David Lutz’s conviction of Level 1 felony rape. Finds the state produced sufficient evidence to sustain the rape conviction.

Juwan Lavaile Lockhart v. State of Indiana (mem. dec.)
21A-CR-1772
Criminal. Affirms Juwan Lockhart’s conviction for Class B misdemeanor battery. Finds the Elkhart Superior Court did not abuse its discretion or act unreasonably or arbitrarily to deprive Lockhart of the counsel of his choice when it denied his motion for a continuance.

In the Matter of: J.P. (Minor Child), and S.C. (Mother) v. Indiana Department of Child Services (mem. dec.)
21A-JC-1776
Juvenile CHINS. Affirms the adjudication of mother S.C.’s child, J.P., as a child in need of services. Finds that the Wabash Circuit Court’s findings support its conclusion that S.C.’s actions endangered J.P. such that court intervention was necessary. Also finds the trial court did not err when it concluded J.P. is a CHINS.

Tammy J. Young v. Chad A. Young (mem. dec.)
21A-DR-1787
Domestic relations. Reverses the interpretation of an educational support obligation of father Chad A. Young finding Young’s obligation to pay educational support ended in May 2020. Finds mother Tammy J. Young has demonstrated prima facie error, as the language of the May 2015 agreed order meant Chad was not entitled to cease his educational support payments when he did so in May 2020. Remands for the Marion Superior Court to recalculate Chad’s educational support arrearage.

Jason D. Walden v. State of Indiana (mem. dec.)
21A-CR-1829
Criminal. Affirms the revocation of Jason D. Walden’s probation and the order for him to serve the entirety of his previously suspended sentence. Finds the DeKalb Superior Court did not abuse its discretion.