Opinions July 28, 2022

Keywords Opinions

The following 7th Circuit Court of Appeals opinion was posted after IL deadline on Wednesday:
Ronald D. Fosnight and Paraklese Technologies, LLC v. Robert Jones, et al.
20-1033
Appeal from the United States District Court for the Southern District of Indiana, New Albany Division. Judge Jane Magnus-Stinson.
Civil. Affirms the grant of the defendants’ motion to dismiss with prejudice. Finds the search of Ronald Fosnight’s business, Paraklese Technologies, under the valid warrant was presumptively reasonable under the Fourth Amendment. Also finds the district court was allowed to take judicial notice of the search warrant under Rule 201(b)(2) of the Federal Rules of Evidence and under precedent. Finally, finds there is no “hint of a legal or factual basis” for the Fifth Amendment claim.

Thursday opinions
Court of Appeals of Indiana
Khaldoun E. Haddad and Issa E. Haddad v. Properplates, Inc., Manjeet Singh Bhattal, and Jaipal Atwal
21A-PL-2560
Civil plenary. Reverses the Lake Superior Court’s order for arbitration regarding the complaint made by Khaldoun and Issa Haddad against construction contractors Properplates Inc. and the dismissal of the case. Affirms arbitration for Properplates’ counterclaims. Finds the contract between the parties does not compel the Haddads’ claims to arbitration. Remands for the trial court to consider whether to delay arbitration pending the resolution of the Haddads’ claims.

Gavilan Love v. State of Indiana (mem. dec.)
21A-CR-1254
Criminal. Affirms Gavilan Love’s conviction of Level 1 felony child molesting and his adjudication as a habitual offender. Finds no error.

Loretta Forbes v. State of Indiana (mem. dec.)
22A-CR-141
Criminal. Affirms Loretta Forbes’ sentence to six years, with three years suspended to probation, for her conviction of Level 3 felony possession of methamphetamine. Finds Forbes waived the right to appeal her sentence in her plea agreement. Also finds the Vermillion Circuit Court did not abuse its discretion in denying her motion to continue the sentencing hearing.

Julian T. Humphrey v. State of Indiana (mem. dec.)
22A-CR-144
Criminal. Affirms Julian T. Humphrey’s convictions of Level 6 felony domestic battery, Level 6 felony strangulation, Level 6 felony intimidation and Class A misdemeanor domestic battery. Finds sufficient evidence to support the convictions.

Darren E. Armstead v. State of Indiana (mem. dec.)
22A-CR-228
Criminal. Affirms the denial of Darren Armstead’s motion for sentence modification. Finds the Vanderburgh Circuit Court did not abuse its discretion.

Lloyd Charles Rowlison v. State of Indiana (mem. dec.)
22A-CR-273
Criminal. Reverses the order for Lloyd Rowlinson to pay $5,366.07 in restitution to Perry Troyer after Rowlinson was convicted of misdemeanor theft of two of Troyer’s toolboxes. Finds no link between Rowlinson’s theft conviction and the trailer offense, and no agreement by Rowlinson to pay the trailer damages. Finds the state failed to link the theft of Troyer’s toolboxes to his trailer burning. Remands for the LaGrange Circuit Court to vacate the restitution order. Judge Margret Robbs dissents with separate opinion.

In the Involuntary Termination of the Parent-Child Relationship of: K.H., A.H., W.M., IV, A.M. (Minor Children), and H.S. (Mother) v. Indiana Department of Child Services (mem. dec.)
22A-JT-291
Juvenile termination of parental rights. Affirms the involuntary termination of mother H.S.’s parental rights to her children, K.H., A.H., W.M. IV and A.M. Finds the Delaware Circuit Court did not clearly err in finding that a reasonable probability exists that the conditions resulting in the children’s removal and the reasons for placement outside H.S.’s care will not be remedied.

Joseph Walton Reynolds v. State of Indiana (mem. dec.)
22A-CR-332
Criminal. Affirms Joseph Walter Reynolds’ conviction of Class A misdemeanor criminal trespass. Finds the state presented sufficient information.

In re the Termination of the Parent-Child Relationship of: J.B. (Minor Child) and J.B. (Mother) v. Indiana Department of Child Services (mem. dec.)
22A-JT-367
Juvenile termination of parental rights. Affirms the termination of mother J.B.’s parental rights to child Ja.B. Finds clear and convincing evidence supports the Howard Circuit Court’s order terminating J.B.’s parental rights to Ja.B.

Layla Christina Mihuti v. Mariana Raibulet and Ovidiu Raibulet (mem. dec.)
22A-CT-391
Civil tort. Affirms the entry of judgment on the pleadings in favor of Mariana Raibulet and Ovidiu Raibulet in a dispute with Layla Christina Mihuti. Finds Mihuti’s fraud claim against Mariana is an impermissible collateral attack on Mariana’s testimony in the estate case. Also finds the Hendricks Superior Court did not err in entering judgment on the pleadings.

Kenneth William Kunkel v. State of Indiana (mem. dec.)
22A-CR-656
Criminal. Dismisses Kenneth William Kunkel’s appeal of his sentence to seven years executed, with six years in the Department of Correction and one year with Hamilton County Community Corrections, for Level 4 felony unlawful possession of a firearm by a serious violent felon. Finds Kunkel waived his right to appeal his sentence as part of his written plea agreement.

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