Opinions Sept. 15, 2021

Keywords Opinion / Opinions

The following 7th Circuit Court of Appeals opinion was posted after IL deadline Tuesday:

Ann Robbins v. MED-1 Solutions, LLC
20-1343
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Magistrate Judge Tim A. Baker.
Civil. Affirms the entry of judgment for MED-1 Solutions LLC in Ann Robbins’ federal action seeking damages under the Fair Debt Collection Practices Act. Finds a related state-court dismissal order does not have preclusive effect. Also finds Robbins’ contract with the hospital system required her to pay all collection costs, including attorney fees MED-1 did not violate the FDCPA by attempted to collect fees-on-fees in the state-court proceedings.

Wednesday opinions
Indiana Court of Appeals
David Pannell v. Allison M. Everly, et al. (mem. dec.)
19A-PL-962
Civil plenary. Affirms the denial of David Pannell’s motion for relief from judgment. Finds the LaPorte Superior Court did not err.

Wayne W. Allen v. State of Indiana (mem. dec.)
20A-CR-1908
Criminal. Affirms Wayne W. Allen’s convictions of Level 1 felony child molesting and Level 4 felony child molesting. Finds Allen has not established that the admission of testimony prejudiced him to the extent that he was denied his right of a fair trial, and the Allen Superior Court’s decision to exclude from evidence emails Janelle sent to the Allens did not deny Allen his right to president his defense. Also finds the trial court did not abuse its discretion when it admitted into evidence a nurse’s examination report, nor did it commit fundamental error when it allowed C.A. to testify with her mask on. Finally, finds the trial court followed the COVID-19 protocols approved by the Indiana Supreme Court, and Allen’s claim that he did not receive a fair trial because the jury was distracted by the COVID-19 pandemic was merely conjecture.

Demarco Johnson v. State of Indiana (mem. dec.)
20A-CR-2119
Criminal. Affirms Demarco Johnson’s convictions of Level 4 felony sexual misconduct with a minor, Level 5 felony incest and Class A misdemeanor attempted invasion of privacy. Finds Johnson’s sexual misconduct and incest convictions do not violate the prohibitions against double jeopardy.

Monroe County, Indiana, and Monroe County Plan Commission v. Boathouse Apartments, LLC (mem. dec.)
21A-PL-55
Civil plenary. Reverses the award of summary judgment to Boathouse Apartments LLC in a dispute with Monroe County and the Monroe County Plan Commission, as well as the denial of the county’s cross-motion for summary judgment. Finds the Monroe Circuit Court erred. Remands for further proceedings.

Anonymous Hospital v. Amer Newlin (mem. dec.)
21A-CT-111
Civil tort. Affirms the denial of Anonymous Hospital’s motion for summary judgment in a medical malpractice dispute with Amer Newlin. Finds disputed material issues of fact remain concerning whether the surgeon was the hospital’s apparent agent.

Christopher Michael Lee v. State of Indiana (mem. dec.)
21A-CR-312
Criminal. Affirms the revocation of Christopher Michael Lee’s probation. Finds the Marion Superior Court did not abuse its discretion.

Ashley Victoriano, individually and as the Administrator of the Estate of Patrick Barnes v. Estate of Barbara J. Smith (mem. dec.)
21A-ES-407
Estate, supervised. Affirms the distribution of the estate of Bobbi and Cecil Smith. Finds the Scott Circuit Court correctly interpreted Bobbi’s will to honor her and Cecil’s intent.

Whitney Hammel v. Logan Hammel (mem. dec.)
21A-DC-594
Domestic relations with children. Affirms the custody modification awarding father Logan Hammel primary physical custody of his children with mother Whitney Hammel. Finds there was sufficient evidence that the custody modification was in the children’s best interests and based on a substantial change in the children’s home life adjustment and parent-child relationships.

Cody Morrison v. State of Indiana (mem. dec.)
21A-CR-706
Criminal. Affirms the order for Cody Morrison to pay $749.19 to the Noble County Extradition Fund as part of his sentence for three counts of Level 6 felony nonsupport of a dependent. Finds the payment qualifies as a proper reimbursement fee rather than restitution.

In re the Paternity of D.M. (Minor Child), Tiffany Brandon v. Daniel Moore (mem. dec.)
21A-JP-742
Juvenile paternity. Affirms and reverses in part the order establishing paternity, legal custody child support and other issues related to mother Tiffany Brandon’s child, D.M. Finds the Marion Superior Court erred in awarding joint legal custody. Also finds the trial court did not err in ordering father Daniel Moore’s parenting time, nor did it abuse its discretion in calculating Moore’s weekly gross income or in awarding him credit for his subsequently born child and accompanying parenting time credit. Finally, finds it was not unreasonable for the court to order that the parties take turns benefiting from a tax exemption. Remands for modification of the order to award Brandon sole legal custody, for a redetermination of her weekly gross income and for a recalculation of Moore’s child support obligation.

Tyson H. Gass v. State of Indiana (mem. dec.)
21A-CR-856
Criminal. Affirms Tyson Gass’ convictions of Level 6 felony unlawful possession of a syringe, Class B misdemeanor possession of marijuana and Class C misdemeanor possession of paraphernalia, and the finding that he was a habitual offender. Finds the Newton Superior Court did not abuse its discretion by trying Gass in absentia.

Jacob Bailey v. State of Indiana (mem. dec.)
21A-CR-1071
Criminal. Affirms Jacob T. Bailey’s 2½-year sentence for his convictions of Level 6 felony possession of a narcotic drug, Class A misdemeanor possession of a controlled substance and Class A misdemeanor resisting law enforcement. Finds Bailey’s sentence is not inappropriate.

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