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Opinions Feb. 10, 2014

7th Circuit Court of Appeals
United States of America v. Timmothy Williams
13-1260
Criminal. Vacates sentence for convictions related to identity theft and remands to the District Court. In accordance with the ruling in Peugh v. United States, 133 S. Ct. 2072, 2078 (2013), sentencing guidelines that were stricter than those in place at the time Williams committed the crime were improperly applied when he was sentenced to 56 months in prison for identity theft convictions plus 24 months for aggravated identity theft. Remands to sentence Williams to 30 to 37 months in prison – the range under the guidelines in place at the time of his offenses.

Lawmakers divided over screening welfare recipients for substance abuse

Legislation that would require welfare recipients to be screened for substance abuse and limit food stamp use to the purchase of "healthy foods" is being debated in the Indiana Statehouse. It's passed the House of Representatives, but questions remain about its cost, constitutionality and desirability as it awaits hearing in the Senate. IBJ has the story.

Recent SCOTUS decision trims identity-theft sentence

An Indiana man convicted of stealing the Social Security numbers of more than 10 people must be sentenced to less time in prison because of a recent Supreme Court of the United States decision, the 7th Circuit Court of Appeals ruled in a five-page opinion Friday.

21st Amendment again shut out of federal cold-beer suit

A federal judge Thursday affirmed a ruling that the Indianapolis-based 21st Amendment package liquor store chain is not entitled to intervene in a federal lawsuit challenging Indiana’s law prohibiting convenience and grocery stores from selling cold beer.

Opinions Feb. 7, 2014 ILD

Indiana Court of Appeals
In the Matter of the Adoption of A.A. and L.A., J.B. and S.B. v. R.C. and N.C. (NFP)
48A04-1304-AD-176
Adoption. Affirms trial court order granting maternal grandparents visitation with adopted children.

Cynthia M. Alvey v. State of Indiana (NFP)
07A01-1307-CR-328
Criminal. Affirms conviction of Class C misdemeanor driving while intoxicated.

Steven Percifield v. State of Indiana (NFP)
73A01-1307-CR-329
Criminal. Affirms order to serve 18-month suspended sentence for probation violation after a conviction of Class D felony operating a vehicle while intoxicated.

In Re the Guardianship of Ruth Carter, an Incompetent Adult, Colleen F. Batt v. Marsha K. Moore (NFP)
91A02-1306-GU-538
Guardianship. Affirms establishment of guardianship.

John Joseph Ramsey II v. State of Indiana (NFP)
32A04-1306-CR-275
Criminal. Affirms revocation of probation.

In Re: Adoption of L.A.C. and S.T.A., S.C. and L.A. v. N.C. and K.R. (NFP) 
48A02-1305-AD-462
Adoption. Affirms adoption of minor children without parental consent.

Patsy Moore d/b/a/ Cat Dog Trucking v. Roger Jerrell (NFP)
93A02-1308-EX-693
Agency action. Affirms order awarding worker’s compensation benefits.

 

Opinions Feb. 7, 2014

7th Circuit Court of Appeals
Gary W. Helman v. Bruce Duhaime, et al.
12-3428
Civil. Affirms summary judgment in favor of defendants in a civil rights suit alleging police used excessive force when they shot Gary Helman, ending an armed standoff that began when authorities attempted to serve a warrant for his arrest at his home in Cromwell. Helman’s § 1983 complaint cannot survive summary judgment because he pleaded guilty to a class D felony count of resisting law enforcement in which evidence showed authorities only fired after Helman reached for his firearm.

Opinions Feb. 6, 2014 ILD

Indiana Court of Appeals
Charlotte N. McGill v. State of Indiana (NFP)
73A01-1305-CR-217
Criminal. Affirms convictions of one count each of Class D felonies fraud and theft.

Wilfrido Garcia v. State of Indiana (NFP)
03A01-1306-CR-284
Criminal. Affirms sentence for Class C felony carrying a handgun without a license.

M.B. v. A.V. (NFP)
41A04-1305-JP-257
Juvenile. Affirms modification of child support owed by A.V.

Thomas D. Dillman v. State of Indiana (NFP)
53A04-1306-CR-302
Criminal. Reverses denial of motion for release of bond and remands for further proceedings.

Scotwood Industries, Inc. v. David Meats (NFP)
29A05-1305-SC-229
Small claims. Reverses product liability judgment against Scotwood Industries in favor of Meats.

The Indiana Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana opinions by IL deadline.
 

Opinions Feb. 6, 2014

Indiana Supreme Court
Veolia Water Indianapolis, LLC, City of Indianapolis, Department of Waterworks, and City of Indianapolis v. National Trust Insurance Company and FCCI Insurance Company a/s/o Ultra Steak, Inc., et. al.
49S04-1301-PL-8
Civil plenary. Holds that a private, for-profit company under the circumstances of this case is not entitled to common law sovereign immunity from liability for damages resulting from a fire that destroyed a Texas Roadhouse restaurant. Accordingly, affirms the trial court’s rulings that Veolia is not entitled to common law sovereign immunity and that the city is not entitled to statutory sovereign immunity from liability for damages resulting from an inadequate water supply in the hydrants near the restaurant. The city is entitled to common law sovereign immunity, so reverses holding that the city is not entitled to common law sovereign immunity.

Reprimand issued for ALJ in IURC-Duke scandal

A former administrative law judge with the Indiana Utility Regulatory Commission has been reprimanded by the Indiana Supreme Court, which ruled this week that a harsher sanction was unwarranted because he’d already been punished enough for seeking a job with Duke Energy while making rulings concerning the utility.

Opinions Feb. 5, 2014 ILD

Indiana Court of Appeals
Steven Winters v. State of Indiana (NFP)
49A02-1307-CR-630
Criminal. Affirms conviction of Class B misdemeanor battery.

Christopher King v. Karen Patrick (NFP)
49A02-1305-PL-461
Civil plenary. Affirms King’s conversion conviction and the calculation of damages.

Alexander Trueblood v. State of Indiana, County of Marion, City of Indianapolis (NFP)
49A02-1210-OV-868
Ordinance violation. Affirms speeding infraction.

Posted after IL deadline Tuesday:
In Re the Involuntary Termination of the Parent-Child Relationship of T.S., C.S., and I.S.: S.R. v. The Indiana Department of Child Services and Child Advocates, Inc. (NFP)
49A04-1307-JT-354
Juvenile. Affirms termination of parental rights.

Indiana Supreme Court and Tax Court posted no opinions at IL deadline. The 7th Circuit Court of Appeals posted no Indiana opinions at IL deadline.
 

Opinions Feb. 5, 2014

7th Circuit Court of Appeals
Kendale L. Adams, et al. v City of Indianapolis
12-1874
U.S. District Court for the Southern District of Indiana, Indianapolis Division, Judge Sarah Evans Barker.
Civil. In a consolidated appeal, affirms entry of summary judgment for the city on the officers’ disparate-treatment claims because the plaintiffs had not produced any evidence that using the test results to make promotions was a pretext for discrimination. Affirms dismissal of new claims brought as barred by res judicata because the same eligibility list generated by the testing process was at issue in the first case.