A ex-husband will again take his challenge of the final judgment in his divorce case back to the trial court after the Indiana Court of Appeals ordered a second remand to address the division of marital property.
The following 7th Circuit Court of Appeals opinion was posted after IL deadline Friday:
United States of America v. Michael Thomas
19-2969
Appeal from the United States District Court for the Northern District of Indiana, South Bend Division. Chief Judge Jon E. DeGuilio.
Criminal. Affirms Michael Thomas’ conviction of mail fraud under 18 U.S.C. § 1341. Finds the district court properly decided that six fires set by Thomas were part of his insurance fraud scheme and not “other acts.” Also finds the district court properly admitted evidence of a seventh fire that, although too far removed in time to be part of the fraud scheme, was evidence of Thomas’ modus operandi.
A veteran neonatal doctor who claimed she was discriminated against when she was terminated from her longtime position did not prove that she was unlawfully terminated and passed over for a new position based on her age, the 7th Circuit Court of Appeals held Friday, upholding summary judgment for St. Vincent Hospital.
The following 7th Circuit Court of Appeals opinion was posted after IL deadline Thursday:
Francina Smith v. GC Services Limited Partnership and ORG GC GP Buyer, LLC
19-3494
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Richard L. Young.
Civil. Affirms the dismissal of Francina Smith’s complaint against GC Services under the Fair Debt Collection Practices Act for lack of Article III standing. Finds Smith has not alleged how a need to dispute the debt in writing deterred her from disputing the debt, or what good a dispute would have done her.
A father convicted of three felony counts of molesting his daughter has successfully secured post-conviction relief from two of those counts. A Class A felony conviction, however, will stand. The ruling will cut the southern Indiana man’s 100-year sentence in half.
Indiana Court of Appeals
20A-PL-1502
Civil plenary. Affirms the Morgan Circuit Court’s order appropriating land for the improvement of Interstate 69 in which Herbert and Alice Haggard had interest in an easement over the property. Finds the trial court did not err when it overruled the Haggards’ objections to the state’s complaint and their motion to vacate the order of appropriation.
Indiana Court of Appeals
Steven P. Smith v. State of Indiana
20A-CR-1014
Criminal. Affirms Steven P. Smith’s conviction of Level 6 felony operating while intoxicated and the finding that he was a habitual vehicular substance offender. Finds the Elkhart Superior Court did not abuse its discretion when it held the jury trial in Smith’s absence because Smith knowingly and voluntarily waived his right to be present. Also finds the trial court did not commit fundamental error when it informed prospective jurors that the court has personally advised Smith of the trial date a few weeks prior.
A 1990s Indiana law that raised penalties for juveniles who possess guns has backfired, limiting the charging options for law enforcement when children have firearms.
In a move not typically seen, the Indiana Court of Appeals extended a Hoosier woman’s temporary involuntary commitment solely based on an eating disorder that doctors said was causing her severe malnutrition.
Read Indiana appellate court decisions from the most recent reporting period.
Indiana Court of Appeals
Bobby L. Peck v. State of Indiana (mem. dec.)
20A-CR-1583
Criminal. Affirms Bobby Peck’s aggregate four-year sentence after he pleaded guilty to two counts of Level 6 felony identity deception and his admission to being a habitual offender. Finds the sentence imposed in Warren Circuit Court is not inappropriate.
The following opinions were posted after IL deadline on Friday:
7th Circuit Court of Appeals
Hector Zelaya Diaz v. Jeffrey A. Rosen
20-1304
Petition for Review of a Decision of the Board of Immigration Appeals.
Agency. Finds the Board of Immigration Appeals did not exercise its discretion according to law in Hector Zelaya Diaz’s case. Grants the petition for review and remands for a proper exercise of discretion under the Board of Immigration Appeals’ precedent in Matter of Avetisyan, 25 I&N Dec. 688 (BIA 2012), and Matter of W-Y-U, 27 I&N Dec. 17 (BIA 2017).
Indiana Supreme Court justices reversed a determination that a guardian was required to arbitrate claims against a screening company arising from an employee’s sexual assault on a resident of a Carmel assisted living facility.
Indiana Court of Appeals
Patrick W. Scholl v. State of Indiana (mem. dec.)
20A-CR-1282
Criminal. Affirms the Elkhart Superior Court’s nunc pro tunc order correcting a clerical error in Patrick Scholl’s sentencing order after he pleaded guilty to Level 5 felony habitual traffic violator and Class A misdemeanor resisting law enforcement. Finds the trial court did not err.
Indiana Court of Appeals
Daveon L. Hendricks v. State of Indiana
20A-CR-690
Criminal. Affirms and reverses in part Daveon L. Hendricks’ convictions of felony murder and Level 2 felony conspiracy to commit robbery resulting in serious bodily injury. Finds that although a witness’s statement admitted at trial violated Indiana Evidence Rule 804(b)(3), the statement did not violate Hendricks’ rights. Also finds that the admission of recorded jail phone calls was not an error or a violation of Hendricks’ rights, and Hendricks has waived his challenge to witness identifications of him. Finally, finds sufficient evidence supports Hendricks’ convictions, but his criminal acts were a single transaction not subject to multiple punishments. Remands to the Delaware Circuit Court with instructions to vacate Hendricks’ conviction of conspiracy to commit robbery.
Despite there being sufficient evidence to support a man’s conspiracy and murder convictions, the conspiracy conviction must be vacated on double jeopardy grounds, the Indiana Court of Appeals has ruled.
The following Indiana Tax Court opinion was posted after IL deadline Tuesday:
Elkhart County Assessor v. E R Carpenter Company, Inc.
20T-TA-3
Tax. Reverses the final determination of the Indiana Board of Tax Review establishing the values of E.R. Carpenter Co. Inc.’s real property for the 2012, 2015, 2016 and 2017 tax years. Finds the board’s excess office space adjustments were unsupported by substantial evidence and are arbitrary and capricious. Also finds the board must deal with evidence related to Parcel 3 in a meaningful way. Remands for the board to weigh the competing evidence regarding the value of Parcel 3, adjust the assessor’s 2012 and 2016 cost approach valuations accordingly, then apply the predetermined formula to the newly adjusted 2016 cost approach valuation for purposes of the 2015 and 2017 tax years.
The Indiana Board of Tax Review must revisit its valuations of land owned by a northern Indiana manufacturer, the Indiana Tax Court has ruled.
An Indianapolis animal shelter still must face a negligence lawsuit from a family whose daughter was mauled by an adopted dog after the Indiana Court of Appeals reaffirmed its reversal of summary judgment for the shelter on Wednesday. The appellate court granted rehearing for the limited purpose of clarifying the issues of fact that preclude summary judgment.
A Henry County mother will get the opportunity to challenge the voluntary relinquishment of her parental rights after the Indiana Court of Appeals found that she was not given a proper advisement before signing a relinquishment form.