Opinions March 27, 2023

The following 7th Circuit Court of Appeals opinion was published after IL deadline Friday:
United States of America v. Russell Charles Taylor
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Tanya Walton Pratt.
Criminal. Vacates and remands for further proceedings. Finds the affidavit did not support probable cause to search for evidence of child pornography, but it did support probable cause to search for evidence of crimes of bestiality. Also finds an evidentiary hearing is needed to determine whether the issuing judge approved the alterations to the warrant prior to its execution.

Monday opinions
Court of Appeals of Indiana
American Senior Communities v. Indiana Family & Social Services Administration
Civil plenary. Affirms  the reclassification of the nursing scheduler coordinator position from the direct care component to the administrative component. Finds the reclassification was not arbitrary and capricious.

Lafayette Rentals, Inc. v. Low Cost Spay-Neuter Clinic, Inc.
Civil plenary. Affirms and reverses in part the Tippecanoe Superior Court’s rulings in a breach of lease case. Finds the trial court did not err in finding the Low Cost Spay-Neuter Clinic Inc. was not in default failure to pay rent in July 2022, nor did it err in concluding Lafayette Rentals Inc. was responsible for maintenance and/or replacement of the exterior portions of the HVAC system. Also finds the trial court did abuse its discretion in failing to award the clinic attorney fees and in awarding LR Inc. attorney fees. Remands for the trial court to award attorney fees to the clinic.

Kevoszia Winston v. State of Indiana
Criminal. Affirms Kevoszia J. Winston’s convictions of murder and Level 5 felony robbery. Finds the Delaware Circuit Court properly admitted Bryon Rhodes’ prior testimony because of the state’s good-faith, reasonable efforts to procure his presence at the second trial and Winston’s opportunity to cross-examine him at the first trial.

Dennis Joseph Turner v. State of Indiana (mem. dec.)
Criminal. Affirms Dennis Turner’s sentence to an aggregate of 365 days, with 100 days suspended, for his convictions of Level 6 felony resisting law enforcement and Class B misdemeanor criminal mischief. Finds the Marion Superior Court’s sentencing order accurately reflects the sentence imposed.

In the Termination of the Parent-Child Relationship of K.W. (Minor Child) and M.W. (Mother) v. Indiana Department of Child Services (mem. dec.)
Juvenile termination of parental rights. Affirms termination of parental rights of mother M.W. to K.W. Finds the Madison Circuit Court’s order terminating the mother’s parental rights is not clearly erroneous.

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