Opinions June 22, 2022

Keywords Opinions

The following 7th Circuit Court of Appeals opinion was posted after IL deadline on Tuesday:
Mathusala Menghistab v. Merrick Garland, Attorney General of the United States
21-2099
Petition for review of an order of the Board of Immigration Appeals.
Immigration. Reverses the Board of Immigration Appeals’ denial of Mathusala Menghistab’s petition to reopen his removal case because of changed circumstances in his home country of Ethiopia and grants his petition. Finds “overwhelming evidence” suggests Menghistab will be tortured or executed if he is returned. Remands with instructions that the board should conduct an evidentiary hearing into whether Ethiopia will consider Menghistab to be a citizen and whether he will be tortured if removed.

 Wednesday opinions
Court of Appeals of Indiana
Synergy Healthcare Resources, LLC v. Telamon Corporation
22A-PL-121
Civil plenary. Affirms the Lake Superior Court’s dismissal of Synergy Healthcare Resources LLC’s complaint against Telamon Corporation as a sanction for spoliation of evidence. Finds the trial court did not abuse its discretion.

Brooklyn Powers v. State of Indiana
21A-CR-1915
Criminal. Reverses the Hendricks Superior Court’s order denying Brooklyn Powers’ motion to suppress. Finds Danville Police Sgt. Jeffery Slayback did not have reasonable suspicion of criminal activity, so the actions of having Powers exit the vehicle, questioning her and performing a canine sniff were improper under the Fourth Amendment.

M.M. v. State of Indiana
21A-JV-2723
Juvenile. Affirms the Porter Circuit Court’s juvenile delinquency dispositional order modifying M.M.’s custody to the Indiana Department of Correction, Indiana Boys School. Finds no abuse of the juvenile’s court’s discretion.

Jill Hustler v. Brian Snyder (mem. dec.)
21A-PL-1126
Civil plenary. Reverses the grant of summary judgment to Brian Snyder in Jill Hustler’s action to recover funds she claims Brian promised to give her following the sale of their mother’s house. Finds the Lake Superior Court erred in granting summary judgment to Brian on Jill’s claims for promissory estoppel to remove his promise from the Statutes of Frauds. Remands for further proceedings.

D.S. v. Review Board of the Indiana Department of Workforce Development (mem. dec.)
21A-EX-1629
Agency action. Affirms the decision of the Review Board of the Indiana Department of Workforce Development, which affirmed an administrative law judge’s denial of D.S.’s request for pandemic unemployment assistance benefits under the CARES Act. Finds the review board’s determination that D.S. did not qualify for PUA is not unreasonable. Also finds D.S. waived his right to notice of the hearing before the ALJ, and he was not denied due process.

In Re Guardianship of: Eugenia P. Galanos, Niki P. Galanos (mem. dec.)
21A-GU-1909
Guardianship. Affirms the Lake Circuit Court’s protective order and order regarding certain real property in a case involving Niki P. Galanos. Finds there are facts to support the trial court’s findings and conclusion, so reversal is not warranted.

In re the Termination of the Parent-Child Relationship of: E.M. (Minor Child) and M.M. (Mother) v. Indiana Department of Child Services (mem. dec.)
21A-JT-2759
Juvenile termination of parental rights. Affirms the termination of mother M.M.’s parental rights over minor child E.M. Finds the termination was not clearly erroneous.

Andrew U.D. Straw v. State of Indiana (mem. dec.)
22A-PL-766
Civil plenary. Affirms the dismissal of Andrew Straw’s inverse condemnation claim based upon an alleged state taking without compensation of his license to practice law in Indiana. Finds Straw failed to state a claim upon which relief could be granted.

Darrick D. Price v. State of Indiana (mem. dec.)
21A-CR-2236
Criminal. Affirms Darrick D. Price’s conviction for felony murder and carrying a handgun without a license as a Level 5 felony. Finds the Marion Superior Court did not abuse its discretion when it admitted Sylvester Collins’ statement at trial as a dying declaration. Also finds the trial court properly admitted Henry Price’s deposition after finding him to be unavailable.

Earl D. Wilder v. Timothy Hunter and Indiana Parole Board (mem. dec.)
22A-MI-229
Miscellaneous. Affirms the order dismissing and/or denying Earl Wilder’s application/complaint for writ of habeas corpus in favor of Miami County Sheriff Timothy Hunter and the Indiana Parole Board. Finds the Miami Circuit Court did not err when it dismissed Wilder’s petition for habeas relief, treated the petition as one for post-conviction relief, summarily denied Wilder relief and entered judgment in favor of the Parole Board.

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