Opinions May 15, 2020

Keywords Opinions

The following 7th Circuit Court of Appeals opinion was posted after IL deadline Thursday:
Keith Hoglund v. Ron Neal, Warden
Appeal from the United States District Court for the Northern District of Indiana, South Bend Division. Judge Philip P. Simon
Civil. Affirms the denial of Keith Hoglund’s petition for writ of habeas corpus after he was found guilty of molesting his daughter. Finds trial counsel’s deficiency in not properly objecting to hearsay did not prejudice Hoglund. Also finds Hoglund did not procedurally default on his due process argument. Finally, finds vouching testimony did not produce a significant likelihood than an innocent person was convicted.

Friday opinions
Indiana Court of Appeals
Haley SoderVick v. Parkview Health System Inc.
Civil tort. Reverses in part the grant of summary judgment in favor of Parkview Health System Inc. on Haley SoderVick’s lawsuit alleging vicarious liability against Parkview based on an employee’s alleged violation of the Health Insurance Portability and Accountability Act. Finds there is an issue of material fact as to whether the employee was acting in the scope of employment when the alleged violation occurred. Remands to the Allen Superior Court for proceedings. Judge Elizabeth Tavitas dissents with separate opinion and would affirm the grant of summary judgment to Parkview.

Mickey D. Davis v. State of Indiana (mem. dec.)
Criminal. Affirms Mickey Davis’ conviction of Level 6 felony theft in Allen Superior Court, finding the evidence sufficient. Judge Patricia Riley dissent with separate opinion, finding insufficient evidence.

William Buckman v. State of Indiana (mem. dec.)
Criminal. Affirms William Buckman’s 10-year sentence for conviction of Level 4 felony causing death while operating a vehicle with a schedule I or II substance in his blood. Finds Buckman has failed to show the sentence imposed in Vanderburgh Superior Court was inappropriate in light of the nature of the offense of Buckman’s character.

W. Aaron Robertson v. Christy (Robertson) Porter (mem. dec.)
Domestic relations with children. Affirms the Monroe Circuit Court order settling remaining issues in the parties’ dissolution proceedings. Finds the trial court did not abuse its discretion in regard to the husband’s contributions to his non-vested fireman’s pension fund nor in calculating husband’s child support obligation for children subsequently adopted.

Meleeka Clary-Ghosh, MCM Fashions, LLC, TCD Productions, LLC, Andrew L. Clary, Jr., and Luke L. Tooley, Jr. v. Michael Ghosh (mem. dec.)
Civil plenary. Affirms the denial of Luke L. Tooley Jr.’s motion to vacate a default judgment entered against him and in favor to Michael Ghosh, finding dispositive that Tooley received sufficient service of process for the proceedings in Hamilton Superior Court.

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