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As a subscriber you can listen to articles at work, in the car, or while you work out. Subscribe NowThe following opinions were posted after The Indiana Lawyer’s deadline Thursday:
7th Circuit Court of Appeals
United States of America v. Zachary D. Barnes
24-2239
Criminal. Appeal from the United States District Court for the Northern District of Indiana, Fort Wayne Division. Chief Judge Holly Brady. Affirms the district court’s sentence of Zachary Barnes to the mandatory minimum 10 years in prison and the application of a two-level role enhancement under section 3B1.1(c) of the Sentencing Guidelines for Barnes’ role as a manager or supervisor of a methamphetamine distribution scheme. Finds that the district court did not err in applying the enhancement and because Barnes acted as a supervisor, he was also ineligible for safety-valve relief. Attorneys for appellant: Michelle Kraus, Robert Palmer. Attorneys for appellee: David Hollar, Nathaniel Whalen.
Indiana Supreme Court
Zainab Abbas, M.D., Morgan Mittler, R.N., and Methodist Hospital v. Hetep Bilal Neter-Nu
24S-CT-435
Civil tort. Affirms the Lake Superior Court jury verdict in favor of Hetep Bilal “Franklyn” Neter-Nu after he sued Methodist Hospital in Gary, Zainab Abbas and Morgan Mittler for alleged negligent care. Finds the trial court did not abuse its discretion in declining to give the health care providers’ proposed jury instructions and excluding certain evidence. Also finds that the trial court erred when it denied Methodist’s Trial Rule 50(A) motion for partial judgment on the evidence and when it calculated prejudgment interest. Reverses and remands with instructions to grant Methodist’s Rule 50(A) motion and recalculate prejudgment interest based on the health care providers’ statutory liability. Attorneys for appellants: Michael O’Neill, Julie Blair, Kathleen Erickson, Kelly McFadden. Attorneys for appellees: David Cutshaw, Gabriel Hawkins, Justin Kuhn, Edward Mulligan V, Keith Michaels.
Friday opinions
Indiana Court of Appeals
In re: the Visitation of J.R.H. (Minor Child), Michelle K. Deaton-Hedge and Scott P. Hedge (Maternal Grandparents and Adoptive Parents) v. Dale Hartlerode (Paternal Grandfather)
24A-MI-3083
Miscellaneous. Affirms Scott Superior Court Special Judge Bradley Jacobs’ order granting Dale Hartlerode grandparent visitation with J.R.H. Finds the maternal grandparents were equitably estopped from challenging the paternal grandfather’s petition for grandparent visitation. Attorney for appellants: Joseph Payne. Attorney for appellee: Larry Wilder.
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