Opinions June 24, 2021

Keywords Court opinions / Opinion

The following 7th Circuit Court of Appeals opinion was posted after IL deadline Wednesday:
Peter Daza v. State of Indiana, et al.
20-1209
Appeal from the U.S. District Court for the Southern District of Indiana, Indianapolis Division. Judge Jane Magnus-Stinson.
Civil. Affirms the grant of summary judgment in favor of the Indiana Department of Transportation on Peter Daza’s failure-to-rehire claim. Finds Daza’s second lawsuit was barred by the doctrine of claim preclusion.

Thursday opinions
Indiana Court of Appeals
Kennic T. Brown v. State of Indiana
20A-CR-2261
Criminal. Affirms the denial of Kennic Brown’s motion to dismiss his charge of Level 6 felony battery against a public safety officer. Finds the disciplinary action taken by the Indiana Department of Correction against Brown for his conduct violation does not preclude the state’s criminal prosecution of him for the same act. Also finds Brown’s motion to dismiss the criminal charge against him on double jeopardy grounds was correctly denied.

Howard County Sheriff’s Department and Howard County 911 Communications v. Derrick Duke and Dustin Duke, as Co-Personal Representatives of the Estate of Tammy Lynn Ford, Deceased
20A-CT-1936
Civil tort. Affirms the Howard Circuit Court’s order denying the Howard County Sheriff’s Department and Howard County 911 Communications’ summary judgment motion upon finding that a genuine issue of material fact existed on the willful or wanton exception to governmental immunity for the use of a 911 system in the death of Tammy Lynn Ford. Finds the trial court did not err by denying the summary judgment motion. Remands for further proceedings.

Windy City Acquisitions, LLC v. Estate of Leland Simms, et al, and Brentwood Equitable Trust #1003-061387, and Green Leaf Enterprises, LLC
20A-TP-2347
Verified petition for issuance of a tax deed. Reverses the Lake Circuit Court’s denial of Windy City Acquisition LLC’s petition for a tax deed for property owned by Leland Simms, who is deceased. Finds that Windy City substantially complied with Indiana Code § 6-1.1-25-4.5 and Indiana Code § 6-1.1-25-4.6. Remands for proceedings consistent with the opinion.

Indiana Department of Transportation v. FMG Indianapolis, LLC, Stephen Roudebush, and Jeffory Roudebush (mem. dec.)
20A-PL-215
Civil plenary. Grants rehearing for the limited purpose of addressing Stephen Roudebush, Jeffory Roudebush and FMG Indianapolis LLC’s argument but affirms the original decision Indiana Department of Transportation v. FMG Indianapolis, LLC, 167 N.E.3d 321 (Ind. Ct. App. 2021). Finds the owners do not request a correction of alleged error but instead ask for another bite at the proverbial apple in order to present different arguments.

Maung Tway v. State of Indiana (mem. dec.)
20A-CR-1710
Criminal. Affirms the denial of Maung Tway’s motion to suppress evidence in an interlocutory appeal after he was the subject of a traffic stop, followed by a canine officer “dog sniff” inspection of Tway’s car that revealed methamphetamine, paraphernalia and marijuana in Tway’s vehicle and wallet. Finds the dog sniff occurred prior to the moment that the mission of the traffic stop was reasonably concluded and the traffic stop did not violate either the United States Constitution or the Indiana Constitution.

In the Matter of I.W. (Minor Child); K.W. (Mother) v. The Indiana Department of Child Services, and Child Advocates, Inc. (mem. dec.)
20A-JC-2215
Juvenile CHINS. Affirms the adjudication of mother K.W.’s daughter, I.W., as a child in need of services. Finds sufficient evidence to support the CHINS adjudication.

Sierra Ann Marie Brown v. State of Indiana (mem. dec.)
20A-CR-2231
Criminal. Affirms Sierra Brown’s conviction for Level 6 felony unlawful possession of a syringe and Level 6 felony possession of a narcotic drug and her 30-month placement in the Department of Correction. Finds that Brown’s argument fails based on the Madison Circuit Court knowing it had discretion to impose less than the agreed-upon sentence but chose not to exercise that discretion.

Jacques J.D. Allen v. State of Indiana (mem. dec.)
20A-CR-2262
Criminal. Affirms the denial of Jacques Allen’s motion to dismiss his charge of Level 5 felony battery resulting in bodily injury against a public safety officer. Finds the administrative punishment he received for the same charges from the Department of Correction does not preclude a subsequent prosecution.

Ryan L. Jones v. State of Indiana (mem. dec.)
20A-CR-2264
Criminal. Affirms the denial of Ryan Jones’ motion to dismiss his charge of Level 5 felony battery resulting in bodily injury against a public safety officer. Finds the disciplinary action taken by the Department of Correction against Jones for his conduct violation does not preclude the state’s criminal prosecution of him for the same act.

Matthew Wagoner v. State of Indiana (mem. dec.)
20A-CR-2265
Criminal. Affirms the denial of Matthew Wagoner’s motion to dismiss his charge of three counts of Level 5 felony battery resulting in bodily injury to a public safety officer. Finds the disciplinary action taken by the Department of Correction against Jones for his conduct violation does not preclude the state’s criminal prosecution of him for the same act.

Russell K. Albano v. State of Indiana (mem. dec.)
20A-CR-2298
Criminal. Affirms Russell Albano’s 20-year sentence for his conviction of Class B felony child molesting. Finds his sentence is not inappropriately harsh and disproportionate to his offense.

In the Matter of the Involuntary Termination of the Parent-Child Relationship of K.F., A.F., and Z.B.B. (Minor Children) and B.F. (Mother) v. The Indiana Department of Child Services (mem. dec.)
21A-JT-16
Juvenile termination of parental rights. Affirms the termination of mother B.F.’s parental rights to Z.B., A.F. and K.F. Finds the Delaware County Department of Child Services presented sufficient evidence to support the termination of B.F.’s parental rights.

Kenneth L. Brandy d/b/a Bully Boy Entertainment v. Ladarrius Person and YFN Lucci (mem. dec.)
21A-CT-77
Civil tort. Affirms the St. Joseph Superior Court’s grant of Rayshawn Bennett’s motion to set aside the judgment against him in a complaint brought by Kenneth Brandy. Finds Bennett was not properly served and that default judgment against Bennett was therefore void for lack of personal jurisdiction.

Michael A. Coleman v. State of Indiana (mem. dec.)
21A-CR-282
Criminal. Affirms the denial of Michael Coleman’s motion to suppress the drug evidence recovered during a traffic stop and following his arrest. Finds that the officer acted reasonably in attempting to decrease the potential for violence by prearranging the traffic stop at a location along a prearranged route.

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