Opinions March 27, 2020

The following 7th Circuit Court of Appeals was posted after IL deadline on Thursday.
Rexing Quality Eggs v. Rembrandt Enterprises, Inc.
Appeal from the United States District Court for the Southern District of Indiana, Evansville Division. Chief Judge Jane Magnus-Stinson.
Civil. Affirms the Southern District Court’s decision, finding that the proceedings at hand were logically part of Rexing I and that the attempt to rehash them in Rexing II was an impermissible effort at claim splitting.

Friday’s opinions
Indiana Court of Appeals
Jerry Rhodes v. State of Indiana

Criminal. Affirms Jerry Rhodes’ conviction of Level 5 felony intimidation. Finds the evidence is sufficient to prove that Rhodes drew a deadly weapon while committing intimidation.

Elbert Coleman v. U.S. Bank National Association, et al. (mem. dec.)
Mortgage foreclosure. Affirms the Marion Superior Court’s order granting the motion to correct error filed by U.S. Bank National Association against Elbert Coleman. Finds no abuse of discretion.

Roy Bessler v. State of Indiana (mem. dec.)
Civil plenary. Affirms the denial of Roy Bessler’s motion for order to return property. Finds reversal was not warranted under the circumstances.

Karen C. Roebuck v. Andrew Paul Christensen (mem. dec.)
Small claims. Affirms the Marion County Small Claims Court’s finding in favor of Andrew Christensen after Karen Roebuck claimed that her vehicle lost $4,000 in value as a result of being involved in a collision caused by Christensen. Finds the trial court’s conclusion that Roebuck did not meet her burden to prove a $4,000 reduction in fair market value of her vehicle caused by Christensen’s negligence was neither clearly erroneous nor contrary to law.

Gary Strugeon-Morris, Jr. v. State of Indiana (mem. dec.)
Criminal. Affirms Gary Sturgeon-Morris, Jr., 5½-year sentence for his conviction of Level 5 felony possession of methamphetamine. Finds the trial court did not err by including in its consideration of aggravating circumstances the existence of prior criminal charges that were dismissed.

In the Matter of the Termination of the Parent-Child Relationship of M.L., B.L., & L.L. (Children) and S.A. (Alleged Father), et al. v. The Indiana Department of Child Services (mem. dec.)
Juvenile termination. Affirms the termination of T.L. and S.A.’s parental rights to their three children. Finds the Knox Superior Court properly exercised personal jurisdiction over mother because she availed herself of the trial court’s personal jurisdiction by communicating her absence to the trial court on the day of the first fact-finding hearing. Finds father lacks standing to appeal the issue of the trial court’s personal jurisdiction over mother and waived his argument regarding DCS’s noncompliance with I.C. section 31-34-15-6(b) (2012) because he did not present the issue before the trial court.

Justin Ross Tomlinson v. State of Indiana (mem. dec.)
Criminal. Affirms Justin Tomlinson’s conviction of Level 6 felony invasion of privacy. Finds the Marion Superior Court did not err in excluding Defendant’s Exhibits A and B from evidence as Tomlinson failed to lay a proper foundation for their admission. Finds sufficient evidence to support Tomlinson’s conviction.

John Wesley Howell v. State of Indiana (mem. dec.)
Criminal. Affirms John Howell’s five-year sentence for conviction of Level 5 felony dealing in cocaine. Finds the LaPorte Superior Court did not err in denying his motion for change of judge and that the sentence is not inappropriate.

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