Opinions Sept. 22, 2020

7th Circuit Court of Appeals
Bruce Webster v. T. Watson
19-2683
Appeal from the United States District Court for the Southern District of Indiana, Terre Haute Division. Judge William T. Lawrence.
Civil. Affirms the Southern District Court’s decision vacating Bruce Webster’s death sentence based on a finding that he is intellectually disabled. Finds the district court’s findings contain no clear error.

Indiana Court of Appeals
Towne & Terrace, Corp.. et al. v. City of Indianapolis
20A-OV-00496
Ordinance violation. Affirms the Marion Superior Court order granting a preliminary injunction sought by the city of Indianapolis denying Towne & Terrace Corp.’s petition for writ of execution and instructions to receiver, granting the receiver’s motion for order compelling production of documents, and ordering that Towne & Terrace shall be responsible for half of the receiver’s expenses. Finds no error or abuse of discretion in the court’s order.

Tiffani L. (Freeman) Lynn v. Andrew S. Freeman
19A-DC-2014
Domestic relations, with children. Affirms the St. Joseph Circuit Court’s order denying Tiffani Lynn’s request to relocate four months after her divorce to Andrew Freeman. Finds the trial court’s best-interest determination was well supported by the court’s findings and evidence, and neither the judgment nor the findings were clearly erroneous.

Jarred L. Eib v. State Employees’ Appeals Commission, Indiana Department of Child Services (mem. dec.)
19A-MI-2633
Miscellanous. Affirms the Grant Superior Court’s decision affirming the State Employees’ Appeals Commission’s grant of summary judgment in favor of DCS against Jarred Eib, who was terminated from his position as a staff attorney there. Finds the SEAC properly granted summary judgment in favor of DCS.

Robert Holland v. Lake County Sheriff’s Department, et al. (mem. dec.)
20A-PL-243
Civil plenary. Affirms the Porter Superior Court’s orders dated November 25, 2019, December 13, 2018, and August 17, 2018, appealed by Robert Holland. Denies Holland’s request for appellate attorney fees.

In re the Matter of C.S. and M.S. (Minor Children) and C.M.H. (Mother) and C.A.S. (Father) v. Indiana Department of Child Services (mem. dec.)
19A-JC-2980
Juvenile CHINS. Affirms the St. Joseph Probate Court’s order adjudicating C.M.H. and C.A.S.’s minor children C.S. and M.S. as children in need of services. Finds DCS established by a preponderance of the evidence that the children are CHINS.

Anthony Hillman v. State of Indiana (mem. dec.)
19A-CR-3011
Criminal. Affirms Anthony Hillman’s conviction of unlawful possession of a firearm by a serious violent felon, a Level 4 felony, and the post-conviction court’s denial of his petition for post-conviction relief. Finds the Marion Superior Court properly admitted evidence found in a vehicle as a result of the search warrant. Also finds the evidence is sufficient to sustain Hillman’s conviction, and the PC court’s denial of Hillman’s petition for PCR is not clearly erroneous.

Vickie S. Harper v. State of Indiana (mem. dec.)
20A-CR-175
Criminal. Affirms Vickie Harper’s 20-year sentence for conviction of Level 2 felony voluntary manslaughter. Finds her sentence is not inappropriate. Also finds the Marion Superior Court did not abuse its discretion by acknowledging that the state had taken Harper’s history of abuse into account in offering a plea deal to Harper yet did not identify this as a mitigating factor.

Rodriquez Anderson v. State of Indiana (mem. dec.)
19A-CR-2098
Criminal. Affirms in part, remands in part Rodriquez Anderson’s sentence for conviction in Clark Circuit Court of Level 2 felony conspiracy to deal methamphetamine and Class B misdemeanor possession of marijuana. Remands to the trial court to correct its sentence for the possession conviction. Finds Anderson has failed to carry his burden of establishing that his sentence for his felony conspiracy conviction is inappropriate in light of the nature of the offense and his character.

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