Opinions May 17, 2022

Keywords Opinions

The following 7th Circuit Court of Appeals and Indiana Supreme Court opinions were published after IL deadline on Monday:
7th Circuit Court of Appeals
Ashley W., et al. v. Eric Holcomb, Governor of Indiana, et al.

21-3028
Appeal from the United States District Court for the Southern District of Indiana, Evansville Division. Judge Richard L. Young.
Civil. Reverses the Southern District Court’s denial of the State of Indiana’s motion to dismiss a suit brought by 10 juvenile plaintiffs who were all in the custody of the Indiana Department of Child Services. Finds that the live contentions for the remaining two juvenile plaintiffs in the litigation all may be resolved by judges in CHINS proceedings. Follows that Younger v. Harris, 401 U.S. 37 (1971) and Moore v. Sims, 442 U.S. 415 (1979), require the federal judge to abstain. Also finds that questions that lie outside the scope of CHINS proceedings, such as how the Department handles investigations before filing a CHINS petition, do not affect the status of the two remaining plaintiffs. Finally, finds any contentions that rest on state law also are outside the province of the federal court. Dismisses the case.

Anthony C. Martin v. Timothy Redden, et al.
21-1937
Appeal from the United States District Court for the Northern District of Indiana, South Bend Division. Chief Judge Jon E. DeGuilio.
Affirms the Northern District’s two-year filing bar on Anthony Martin. Finds Martin knowingly submitted a fraudulent grievance form. Finds Martin has already been barred from the Southern District for similar conduct. Finds the district court didn’t abuse its discretion when it dismissed the case with prejudice or its discretion in imposing the sanctions. Concludes the severe sanctions were appropriate.

Indiana Supreme Court
Zachary Fix v State of Indiana
22S-CR-7
Criminal. Affirms Zachary Fix’s conviction of Level 2 felony burglary while armed with a deadly weapon by the Madison Circuit Court. Finds a burglary is an ongoing crime that encompasses a defendant’s conduct inside the premises. Reverses Fix’s sentencing for Level 5 felony robbery and Level 6 felony theft, as they’re a single episode of criminal conduct and his sentence violates the Sentencing Cap Statute. Remands to the trial court to resentence Fix to consecutive terms of imprisonment and for the offenses not to exceed seven years. Chief Justice Loretta Rush and Justices Steven David and Mark Massa concur. Justice Geoffrey Slaughter concurs on the Level 2 felony enchantment and in the judgment without separate opinion.

Tuesday opinions
Court of Appeals of Indiana
Darren Woodcox and Elizabeth Woodcox, as Personal Representatives of the Estate of Dylan Woodcox v. Anonymous Hospital, Anonymous M.D., and Anonymous N.P.  
21A-CT-1565
Civil tort. Affirms the Marion Superior Court’s denial of Darren and Elizabeth Woodcox’s motion for summary judgment and declaratory judgment in their case against Anonymous Hospital, Anonymous M.D., and Anonymous N.P. following the death of their infant son. Finds the trial court did not err in denying the Woodcoxes’ motion for summary judgment and declaratory judgment. Finds the trial court did not err in dismissing the Woodcoxes’ claims on the merits. Expresses no opinion on the merits of the Woodcoxes’ claims but concludes that the review panel’s process must proceed to its conclusion before the trial court may adjudicate those claims.

Paul Carmouche v. State of Indiana
21A-CR-1666
Criminal. Reverses Paul Carmouche’s conviction for Class A misdemeanor battery resulting in bodily injury. Finds that his jury trial waiver was invalid and the evidence was insufficient to support the conviction. Finds that because the state failed to prove that he committed the battery as alleged, Carmouche is discharged.

C.M. v. State of Indiana (mem. dec.)
21A-JV-1850
Juvenile. Affirms C.M.’s delinquency adjudication for sexual battery. Finds sufficient proof in the victim’s testimony that C.M. tightened his grip around her waist when she tried to pull away from him.

William Connor v. State of Indiana (mem. dec.)
21A-CR-2075
Criminal. Affirms the sanction imposed on William Connor after he admitted to committing multiple violations of the terms and conditions of his probation. Finds Connor has failed to demonstrate that the trial court abused its discretion.

Courtney Lamar Parker v. State of Indiana (mem. dec.)
21A-CR-2249
Criminal. Affirms Courtney Lamar Parker’s conviction for Level 5 felony stalking. Finds sufficient evidence to support the conviction.

James S. Snapp v. State of Indiana (mem. dec.)
21A-CR-2265
Criminal. Affirms James Snapp’s aggregate 30-year sentence for conviction of three Level 1 felonies for attempted rape, criminal confinement, and battery. Finds sufficient evidence to support his convictions.

Charles R. Alexander II v. State of Indiana (mem. dec.)
21A-CR-2364
Criminal. Affirms Charles R. Alexander II’s six-year sentence for unlawful possession of a firearm by a serious violent felon and his separate four-year sentence for possession of a narcotic, enhanced by three years based on his admission that he is a habitual offender. Finds that given Alexander’s criminal history alone would have justified maximum sentences on the two counts to which he pleaded guilty, his sentences at or near the advisory levels were not inappropriate.

In the Matter of the Termination of the Parent-Child Relationship of K.H. (Minor Child) and I.H., Sr. (Father) v. Indiana Department of Child Services (mem. dec.)
21A-JT-2636
Juvenile termination. Affirms the termination of I.H. Sr.’s parental rights to his child, K.H. Finds the evidence is sufficient to support the conclusion that there is a reasonable probability that the conditions that resulted in the child’s removal from the father’s care would not be remedied.

In the Matter of the Termination of the Parent-Child Relationship of J.D., H.F., and J.F. (Minor Children); R.D. (Mother) v. Indiana Department of Child Services (mem. dec.)
21A-JT-2791
Juvenile termination. Affirms the termination of R.D.’s parental rights over her minor children, J.D., H.F, and J.F. Finds sufficient evidence to support the termination of parental rights.

In the Matter of K.B., a Child Alleged to be a Delinquent Child v. State of Indiana (mem. dec.)
21A-JV-2818
Juvenile. Affirms K.B. committed what would constitute Level 6 felony intimidation if committed by an adult and affirms the order that she serve an indeterminate commitment to the Department of Correction. Finds the juvenile court did not abuse its discretion.

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