Opinions Sept. 7, 2021

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The following 7th Circuit Court of Appeals opinion was posted after IL deadline Friday:
Von Duprin LLC v. Major Holdings, LLC and Major Tool and Machine, Inc. and Moran Electric Service, Inc.
20-1711 & 20-1793
Appeals from the United States District Court for the Southern District of Indiana, Indianapolis Division. Chief Judge Tanya Walton Pratt.
Civil. Affirms in part, vacates and remands in part a ruling finding that Von Duprin LLC, Major Holdings LLC and Major Tool and Machine Inc., and Moran Electric Service Inc. bore responsibility for portions of environmental harm and the assignment of liability among and between all three parties. Finds the district court did not err in its ruling on Major’s bona fide prospective purchaser defense, Von Duprin’s compliance with the National Contingency Plan or the district court’s admission of Dr. Adam Love’s expect testimony. Also finds the district court’s summary judgment determination on apportionment requires remand. Finally, finds the district court’s ultimate allocation of liability necessitates remand. Remands for further proceedings.

Tuesday opinions
Indiana Court of Appeals
Taylor Jones v. G.H., by next friend, K.H.
Protective order. Affirms a grant of an order for protection to G.H. by his next friend and father, K.H., against Taylor Jones. Finds sufficient evidence to support the protection order.

Brownsburg Kimberley, LLC v. Indy Metal Finishing, Inc. (mem. dec.)
Civil plenary. Affirms the denial of attorney fees to both Indy Metal Finishing and its landlord, Brownsburg Kimberley LLC, on their separate requests. Finds the Hendricks Superior Court properly denied the parties’ respective requests for attorney fees.

Keymo E. Johnson v. State of Indiana (mem. dec.)
Criminal. Affirms Keymo Johnson’s convictions of Level 2 felony attempted voluntary manslaughter; two counts of Level 3 felony aggravated battery; Level 4 felony unlawful possession of a firearm by a serious violent felon; Level 5 felony battery by means of a deadly weapon; and two counts of Class B misdemeanor criminal mischief, as well as his adjudication as a habitual offender. Finds Johnson has failed to show that the Vanderburgh Circuit Court committed error, let alone fundamental error, in the admission of evidence. Also finds sufficient evidence to convict Johnson of possession of a firearm by a serious violent felon.

Corey A. Garrett v. State of Indiana (mem. dec.)
Criminal. Affirms Corey A. Garrett’s convictions of Level 1 felony attempted murder and Class A misdemeanor domestic battery. Finds the Delaware Circuit Court did not err in admitting statements into evidence.

Company v. Review Board (mem. dec.)
Agency action. Dismisses a Crown Point pizza company’s appeal of the grant of summary judgment to the Department of Workforce Development on the company’s challenge to the results of an unemployment insurance contribution audit and resulting adjustments by the department. Finds that because the company untimely initiated the appeal under Ind. Appellate Rule (9)(3), its appeal has been forfeited pursuant to subsection (5) of that same rule. Also finds the company has not shown, or even alleged, extraordinarily compelling reasons why its forfeited right to appeal should be restored.

In the Matter of the Civil Commitment of: T.D. v. Health and Hospital Corporation d/b/a Sandra Eskenazi Mental Health Center (mem. dec.)
Mental health. Affirms the extension of T.D.’s temporary mental health commitment to a regular commitment. Finds Health and Hospital Corporation d/b/a Sandra Eskenazi Mental Health Center proved by clear and convincing evidence that T.D. was “gravely disabled.”

In the Matter of A.O. and Ka.J. (Children in Need of Services) and H.J. (Mother) v. Indiana Department of Child Services (mem. dec.)
Juvenile CHINS. Affirms the children in need of services findings for A.O. and Ka.J. Finds their mother, H.J., has failed to establish that the juvenile court’s findings were unsupported by evidence, or that the judgment was unsupported by those findings.

Christopher Rodgers v. State of Indiana (mem. dec.)
Post-conviction. Affirms the denial of Christopher Rodgers’ petition for post-conviction relief following his conviction for murder on arguments that his plea was void and had been involuntarily entered and that he had received ineffective assistance of counsel. Finds the post-conviction court did not err.

Shannon M. Hubbard v. State of Indiana (mem. dec.)
Criminal. Affirms Shannon Hubbard’s five-year sentence imposed following her conviction for Level 5 felony reckless homicide. Finds the Ripley Circuit Court did not abuse its discretion when identifying aggravators and mitigators. Also finds Hubbard’s sentence is not inappropriate.

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