Court opinions

Indiana Court of Appeals
James T Knight v. State of Indiana
20A-CR-068
Criminal. Reverses the Carroll Circuit Court’s imposition of the community service probation condition for licensed attorney James T. Knight. Finds that the trial court complied with the procedural requirements of Indiana Code § 35-38-2-1.8 when it held a new probation hearing. However, also finds that the imposition of the community service condition was beyond the trial court’s discretion where the plea agreement contained language that limited the trial court’s discretion to impose that condition.

Indiana Court of Appeals
Molly Ann Melton v. Indiana Athletic Trainers Board, et al.
19A-CT-1972
Civil tort. Affirms in part the Marion Superior Court’s grant of summary judgment on Molly Melton’s 42 U.S.C. § 1983 claims for alleged violations of her constitutional rights in the disciplinary process leading to the suspension of her athletic training license. Finds the trial court properly granted summary judgment to the Indiana Athletic Trainers Certification Board, the Indiana Professional Licensing Agency and others, but erred in granting relief on Melton’s petition for judicial review. Thus, reverses the trial court’s judicial review order.

Indiana Court of Appeals
Richard D. Moseley and Lisa M. Moseley v. Trustees of Larkin Baptist Church and the Larkin Baptist Church, an unincorporated association
20A-PL-98
Civil plenary. Affirms the Spencer Circuit Court’s order granting summary judgment for the Trustees of Larkin Baptist Church and the Larkin Baptist Church on Richard and Lisa Moseleys’ adverse possession counterclaim in the church’s action to quiet title. Finds that the Moseleys did not designate evidence sufficient to create a genuine issue of material fact. Also finds that the trial court did not err.

Indiana Court of Appeals
Indiana Family Institute Inc., et al. v. City of Carmel, et al.
19A-MI-2991
Miscellaneous. Affirms the grant of summary judgment to the cities of Bloomington, Carmel, Columbus and Indianapolis on the complaint brought by the Indiana Family Institute, Indiana Family Action and the American Family Association challenging the “fix” to the 2015 Religious Freedom Restoration Act, and the Hamilton Superior Court’s denial of a motion for judicial notice. Finds the plaintiff-appellants have not demonstrated that nondiscrimination ordinances in the defendant cities have interfered with or chilled their First Amendment rights. Also finds they are not facing the threat of an impending injury or a substantial risk of harm from the nondiscrimination ordinances. Declines to address the appellants’ arguments regarding judicial review.

Indiana Court of Appeals
Michael and Mary Poore, Individually and on Behalf of J.P. v. Indianapolis Public Schools and its Board of Education
19A-CT-1439
Civil tort. Affirms in part the Marion Superior Court’s judgment in favor of Indianapolis Public schools and its Board of Education on Michael and Mary Poores’ claims for breach of contract, negligence, and violation of the Indiana Deceptive Consumer Sales Act when IPS refused to pay for their child’s advanced math class taken outside of the IPS system. Holds that the trial court did not abuse its discretion by excluding the testimony of a certain witness; IPS was not negligent because IPS did not deny J.P. the benefit of early college credits; and no valid, enforceable contract existed between IPS and the Poores requiring IPS to pay for the class. Reverses the conclusion on the DCSA and holds that IPS was not subject to the statutory requirements of the DCSA.

Indiana Supreme Court
Patrick Humphrey v. Brian Tuck, US Xpress, Inc.
20S-CT-548
Civil tort. Grants transfer and affirms the Jackson Superior Court’s entry of judgment on a jury’s $40,000 damages verdict in favor of Patrick Humphrey, and the trial court’s denial of Humphrey’s motion to correct error. Finds there was enough evidence to support giving the challenged failure-to-mitigate jury instruction.

The following 7th Circuit Court of Appeals opinion was posted after IL deadline Thursday.
Yeison Meza Morales v. William Barr
19-1999
Civil. Amends the June 26 opinion in this immigration case reversing the removal order for Yeison Meza Morales and expanding the authority of immigration judges to administratively close cases when warranted. Adds one sentence to a footnote on page 13 of the June 26 opinion expressing no view on whether the government might be precluded from contesting the nonfinal waiver of an immigrant’s inadmissibility. Affirms the June 26 opinion in all other respects. Denies the government’s motion for rehearing in a separate order.