Opinions Jan. 4, 2022

Keywords Opinions

The following 7th Circuit Court of Appeals opinion was posted after IL deadline Monday:
United States of America v. Darrell A. Loving
Appeal from the United States District Court for the Northern District of Indiana, Hammond Division. Senior Judge James T. Moody.
Criminal. Vacates Darrell Loving’s sentence to 71 months in prison for his convictions of federal drug crimes. Finds the district court erred in calculating his Sentencing Guideline range, and it did not explain how it calculated the total offense level. Also finds the court made two guideline errors: disregarding the parties’ agreement for an additional one-level reduction in the offense level for timely acceptance of responsibility, and misusing a departure provision of the Sentencing Guidelines to determine the calculated range rather than as a basis for an upward departure or variance. Finally, finds the errors are not harmless based on the record. Remands for resentencing.

Tuesday opinions
Court of Appeals of Indiana
Frank E. Minges, III v. State of Indiana
Criminal. Affirms the denial of Frank E. Minges III’s motion to compel discovery of a complete and accurate copy of the police report that outlined the events resulting in Minges being charged with two counts of misdemeanor operating while intoxicated. Finds that under Keaton v. Circuit Court of Rush County, 475 N.E.2d 1146 (Ind. 1985), the Dearborn Superior Court did not err in declining Minges’ request for unredacted copies of the police reports, but urges the Indiana Supreme Court to revisit Keaton. Judge L. Mark Bailey concurs with separate opinion.

Indiana Repertory Theatre v The Cincinnati Casualty Company and McGowan Insurance Group LLC
Civil plenary. Affirms the denial of the Indiana Repertory Theatre’s motion for partial summary judgment and the grant of partial summary judgment for Cincinnati Casualty Company. Finds IRT’s claim for loss of use of its theater due to the COVID-19 pandemic was not physical loss or physical damage as defined by the terms of its insurance policy with Cincinnati Casualty, so the Marion Superior Court did not err when it granted summary judgment in favor of Cincinnati Casualty.

In re the Termination of the Parent-Child Relationship of M.O. (Minor Child) and T.O (Mother) v. Indiana Department of Child Services (mem. dec.)
Juvenile termination of parental rights. Affirms the termination of mother T.O.’s parental rights to her child, M.O. Finds clear and convincing evidence supports the St. Joseph Probate Court’s judgment terminating T.O.’s parental rights.

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