Opinions March 4, 2020

  • Print
Listen to this story

Subscriber Benefit

As a subscriber you can listen to articles at work, in the car, or while you work out. Subscribe Now
This audio file is brought to you by
Loading audio file, please wait.
  • 0.25
  • 0.50
  • 0.75
  • 1.00
  • 1.25
  • 1.50
  • 1.75
  • 2.00

7th Circuit Court of Appeals
Ralph Oliver v. United States of America and Ryan Ross v. United States of America
17-2880 and 17-2902
Appeals from the United States District Court for the Northern District of Indiana, Hammond Division. Senior Judge Joseph S. Van Bokkelen.
Affirms the denial of Ralph Oliver’s and Ryan Ross’ motions to vacate their firearms convictions under 18 U.S.C. § 924(c). Finds express collateral-attack waivers in the defendants’ plea agreements are valid and bar their challenges to their convictions and sentences.

Indiana Court of Appeals
Rogerick Demar Denham v. State of Indiana
Criminal. Affirms Rogerick Denham’s 29-year aggregate sentence for conviction in Lake Superior Court of Level 3 felony aggravated battery and his habitual offender enhancement. Finds the sentence is not inappropriate.

Robert Gacsy v. Todd Reinhart
Civil tort. Reverses dismissal of Robert Gacsy’s lawsuit against Todd Reinert. Further strikes sanctions entered against Gacsy’s counsel by the LaPorte Superior Court for finding counsel violated an order in limine restricting admission of certain evidence. Further finds the order in limine was erroneous. Remands for proceedings.

Progressive Southeastern Insurance Co. v. Gregory Smith and Nolan Clayton, and Erie Insurance Group, Brackett Restaurant Group, LLC, d/b/a Stacked Pickle, and Allstate Insurance Company
Civil plenary. Grants petition for rehearing for the limited purpose of correcting a factual error about which party moved to consolidate appeals. Denies Gregory Smith’s requested relief that even if Progressive did not have a duty to defend Nolan Clayton if did undertake his defense, it had a duty to do so completely and in good faith. Otherwise denies the petition for rehearing.

Jennings Daugherty v. State of Indiana (mem. dec.)
Criminal. Affirms the Wayne Superior Court’s denial of Jennings Daugherty’s motion to correct error on the imposition of consecutive sentences for his two convictions of Class B felony unlawful possession of a firearm by a serious violent felon. Finds the trial court was within its legal authority to do so, and thus finds no error in its denial.

In the Termination of the Parent-Child Relationship of: S.H., M.H. & C.H. (Minor Children) and S.H. (Mother) v. Indiana Department of Child Services, and Child Advocates, Inc. (mem. dec.)
Juvenile termination. Affirms the termination in Marion Superior Court of S.H.’s parental rights to her three minor children, Sa.H., M.H., and C.H. Finds the Department of Child Services presented sufficient evidence to show by clear and convincing evidence that termination was in the best interests of the children.

In the Matter of the Termination of Parental Rights of: J.K. (Minor Child), and F.K. (Mother) v. Indiana Department of Child Services (mem. dec.)
Juvenile termination. Affirms the Morgan Circuit Court’s termination of F.K.’s parental  relationship with her child, J.K. Finds that F.K.’s attorney was not ineffective and that the evidence is sufficient to support the termination.

The City of Indianapolis, and Indiana Department of Environmental Management v. Moran Electric Service, Inc. (mem. dec.)
Civil plenary. Reverses the Marion Superior Court’s finding that the Indiana Department of Environmental Management’s issuance of a “no further action” letter to the City of Indianapolis, and the Office of Environmental Adjudication’s review thereof, was not based on proper remediation standards. Finds that the determination as to the proper remediation standards to be applied in deciding whether the Ertel Manufacturing Corporation site qualified for NFA status was not arbitrary and capricious and in accordance with the law in effect when the NFA Letter was issued. IDEM’s issuance of the NFA letter was not in error.

Please enable JavaScript to view this content.

{{ articles_remaining }}
Free {{ article_text }} Remaining
{{ articles_remaining }}
Free {{ article_text }} Remaining Article limit resets on
{{ count_down }}