Court opinions

Indiana Court of Appeals
Shannon Murphy v. Indiana State University and Nick D. Pledger
20A-CT-313
Civil tort. Affirms the Vigo Superior Court’s entry of summary judgment in favor of Indiana State University related to a former student Shannon Murphy’s lawsuit seeking damages over a campus locker room voyeurism case. Finds that Murphy did not substantially comply with the notice requirements of the Indiana Tort Claims Act and that the trial court properly granted ISU’s motion for summary judgment.

Indiana Court of Appeals
Larry Tabb v. State of Indiana (mem. dec.)
18A-PC-1364
Post conviction. Affirms the denial of Larry Tab’s petition for post-conviction relief. Finds a majority of Tabb’s issues are waived because he did not make cogent arguments on appeal. Finds Tabb has not demonstrated the Porter Superior Court erred by denying his petition for post-conviction relief.

The following 7th Circuit Court of Appeals opinion was posted after IL deadline Wednesday.
Karen Vaughn v. Jennifer Walthall
19-1244
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Chief Judge Jane Magnus‐Stinson.
Civil. Reverses a grant of summary judgment and an injunction in favor of Karen Vaughn that required the state of Indiana to pay the costs of her necessary around-the-clock home-based health care not reimbursed by Medicaid. Finds Vaughn is entitled to care only to the extent that, working with the state, she can craft a program that complies with federal and state law and does not deprive Indiana of the ability to receive its share of federal reimbursement through the Medicaid program for services provided. Remands for proceedings.

The following 7^th Circuit Court of Appeals opinion was posted after IL Deadline Tuesday:
John Myers v. Ron Neal
19-3158
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge James R. Sweeney II.
Civil. Reverses the order granting John Myers’ petition for a writ of habeas corpus and reinstates his murder conviction in the 2000 death of Indiana University student Jill Behrman. Finds that the district court correctly held that Myers’ counsel was deficient, but determines that deficiency was not prejudicial in light of the strength of the state’s case against Myers separate and apart from those errors.

Indiana Supreme Court
State of Indiana v. Samuel E. Vande Brake
20S-CR-499
Criminal. Affirms the Tippecanoe Superior Court’s dismissal of the State of Indiana’s firearm enhancement sought against Samuel Vande Brake. Finds the state failed to meet its burden to show that the trial court’s implied finding of waiver and subsequent sua sponte dismissal of the firearm enhancement were contrary to law.

7^th Circuit Court of Appeals
In re: RYZE Claims Solutions, LLC
19-2930
Petition for writ of mandamus from the U.S. District Court for the Southern District of Indiana, Indianapolis Division. Chief Judge Jane Magnus-Stinson.
Civil. Grants RYZE Claims Solutions LLC’s petition for a writ of mandamus directing the Indiana Southern District Court to request that the Eastern District of California transfer RYZE’s action back to the Southern District of Indiana. Finds the district court deviated substantially from the methodological course of decision‐making mandated by the Supreme Court of the United States. Also finds this is not the exceptional or unusual case that would justify giving controlling weight to factors other than the forum‐selection clause.

Indiana Court of Appeals
Shawn G. Willet v. State of Indiana
19A-CR-2699
Criminal. Affirms the Elkhart Superior Court’s denial of Shawn Willet’s pro se “motion to dismiss sentence time served,” finding that Willet’s sentence for conviction of three counts of Class B felony sexual misconduct with a minor has not expired. Majority judges Margret Robb and Melissa May hold that Willet’s motion is treated as a petition for writ of habeas corpus. Judge Nancy Vaidik concurs in result with a separate opinion, but holds that the petition should be treated as a petition for post-conviction relief.