Opinions June 29, 2020

The following opinions were issued after IL deadline Friday:
7th Circuit Court of Appeals
Yeison Meza Morales v. William P. Barr
19-1999
Petition for review of an order of the Board of Immigration Appeals.
Civil. Grants petition for review of Yeison Meza Morales’ removal order, finding that rejection of Meza Morales’ alternative procedures was inappropriate and wrongly rejected. Rejects caselaw limiting immigration judges’ discretion to dismiss cases when warranted. Remands to the board for reconsideration.

Elizabeth G. Ruckelshaus v. Gerald Cowan, et al.
19-2770
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge James P. Hanlon.
Civil. Affirms the grant of summary judgment to Gerald Cowan and defendants in Elizabeth Ruckelshaus’ legal malpractice complaint arising from a trust case. Finds the district court did not err in determining that her suit is barred by Indiana’s two-year statute of limitations.

Indiana Supreme Court
Anthony Gammons, Jr. v. State of Indiana
20S-CR-22
Criminal. Reverses Anthony Gammons Jr.’s convictions of attempted murder and carrying a handgun without a license. Finds the Marion Superior Court’s jury instruction on self-defense diluted the causal self-defense standard set out in Mayes v. State, 744 N.E.2d 390 (Ind. 2001). Also finds the instructional error was not harmless. Remands for a new trial.

Monday opinions
Indiana Supreme Court
State of Indiana v. Wesley Ryder
20S-CR-435
Criminal. Reverses an order of the Marion Superior Court suppressing evidence of a blood draw from an off-duty police trainee who was charged with multiple offenses including operating while intoxicated following a wrong-way crash on Interstate 465 in Indianapolis. Finds that the judge who authorized the warrant for the blood draw certified probable cause contemporaneously and in writing, and that even if she had not, the warrant was still valid under Indiana’s substantial compliance filing doctrine. Remands for proceedings. Justice Slaughter concurs in part without separate opinion.

Indiana Court of Appeals
Cooper’s Hawk Indianapolis, LLC d/b/a Cooper’s Hawk Winery & Restaurant v. Katherine Ray
20A-CT-127
Civil tort. Reverses the Marion Superior Court’s denial of Cooper’s Hawk’s motion for summary judgment in a slip-and-fall personal injury case brought by Katherine Ray. Judges Elaine Brown and Edward Najam find the trial court erred in denying Cooper’s Hawk’s motion for summary judgment because no issues of material fact exist. Judge James Kirsch dissents, finding questions of fact do exist that preclude summary judgment.

Cole Hornsby v. State of Indiana (mem. dec.)
20A-CR-85
Criminal. Affirms the Dearborn Circuit Court order revoking Cole Hornsby’s probation and ordering him to serve the remainder of his three-year-and-95-day suspended sentence for Level 5 felony carrying a handgun without a license on school property, finding no abuse of discretion because Hornsby subsequently committed invasion of privacy.

Luke L. Tooley, Jr. v. Michael Ghosh (mem. dec.)
19A-PL-3016
Civil plenary. Reverses the Hamilton Superior Court order after a judgment against Luke Tooley and in favor of Michael Ghosh appointing a receiver to manage and sell property and real estate encumbered by liens. Finds the trial court abused its discretion by failing to provide notice of the hearing on Ghosh’s petition for appointment of a receiver. Remands for proceedings.

Deborah Doherty and Sandra Luedtke, as agent and attorney-in-fact for Deborah Doherty v. Purdue Properties I, LLC; Campus Apartments Management, LLC; Corridor, LLC, et al. (mem. dec.)
19A-CT-2807
Civil tort. Affirms the Marion Superior Court’s dismissal of a negligence lawsuit filed on behalf of Deborah Doherty, finding the trial court did not err or abuse its discretion by ordering dismissal as a sanction for plaintiffs’ failure to comply with a motion to compel discovery of Doherty’s medical records.

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