Court opinions

Indiana Court of Appeals
In Re the Paternity of J.G.; Wendy Sonora Hernandez and Margarito Guzman v. Fredy Sanchez Cortes and State of Indiana
19A-JP-2429
Juvenile paternity. Affirms the denial in Elkhart Superior Court of Wendy Sonora Hernandez’s motion for summary judgment on the state’s action seeking to establish paternity of her child by Fredy Sanchez Cortez. Finds the trial court did not err in its denial, and that mother and husband, Margarito Guzman, have failed to meet their burden on appeal to demonstrate that the court abused its discretion when it dismissed husband as a party to the action. Also finds that mother has failed to demonstrate that she was prejudiced by the trial court’s failure to provide her with explicit notice of its intent to treat her motion to dismiss as a motion for summary judgment. Lastly, holds that the state timely filed its paternity petition and that putative father was not required to register with the putative father registry before the state could file its petition.

Indiana Court of Appeals
David E Killian v. State of Indiana
19A-CR-02628
Criminal. Affirms David Killian’s conviction of sexual misconduct with a minor. Finds that because sexual misconduct with a minor over 20 ago could not have been the source of the pregnancy, the Kosciusko Superior Court properly excluded evidence that Killian’s son could have been the “source” of the victim’s pregnancy. Finds Evidence Rule 412(b)(1)(A) does not allow for this speculation.

The following 7^th Circuit Court of Appeals opinions were posted after IL deadline Monday:
USA v. Carlos Maez, USA v. Matthew Jones, USA v. Cameron Battiste
19-1287, 19-1768, 19-2049
USA v. Maez is an appeal from the United States District Court for the Northern District of Indiana, South Bend Division. Judge Jon DeGuilio.
Criminal. Affirms judgment of the Northern District Court against Carlos Maez in United States v. Maez, 19‐1287. Affirms Matthew Jones’ conviction in United States v. Jones, 19‐1768, vacates his sentence and remands the case to the district court for resentencing. After applying plain‐error review, concludes that the asserted errors do not require reversing any of the convictions, but vacates Jones’ sentence because the district court made a Tapia error. Also affirms Cameron Battiste’s conviction in United States v. Battiste, 19‐2049.

7th Circuit Court of Appeals
Logan Owsley v. Mark Gorbett
19-1825
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Richard L. Young.
Civil. Vacates dismissal of Logan Owsley’s federal lawsuit contending that the Bartholomew County Sheriff and his deputies have lost or destroyed evidence that would help his late father’s estate pursue claims against who Logan claims are Cary’s putative murderers. Finds the district court properly recognized that the state court’s decision to retain Lisa Owsley as the estate’s representative is not subject to collateral attack. Finds a first issue on remand to determine is whether an access-to-courts claim can be based on an assertion that the defendants concealed or destroyed evidence that could have been relevant, had suit been filed in state court.

Indiana Supreme Court
River Ridge Development Authority v. Outfront Media, LLC, David Watkins, No Moore, Inc., the Schlosser Family Limited Partnership, the Town of Utica, and the Utica Board of Zoning Appeals
19S-PL-645
Civil plenary. Reverses the Clark Circuit Court’s award of $237,440.63 in attorney fees to Outfront Media, LLC, David Watkins, No Moore, Inc., the Schlosser Family Limited Partnership, the Town of Utica, and the Utica Board of Zoning Appeals. Holds that the trial court’s decision was an abuse of discretion. Neither the common-law obdurate behavior exception nor the General Recovery Rule — both of which require a “prevailing party” — allow an award of attorney fees when a party voluntarily dismisses its complaint, as River Ridge did. The record also lacks evidence to show that River Ridge litigated in bad faith and that its conduct was calculatedly oppressive, obdurate, or obstreperous.

Indiana Court of Appeals
Universal Auto, LLC, d/b/a James Myers v. Cory Murray
19A-PL-1225
Civil plenary. Affirms the Marion Superior Court’s entry of judgment in Cory Murray’s favor on his contract claim for damages and Universal Auto LLC’s counterclaim for damages and attorney’s fees. Finds Murray had not defaulted on the sales contract when Universal repossessed his vehicle. Also finds that Universal failed to carry its burden of demonstrating prima facie error concerning its counterclaim and Murray’s contract claim.

Indiana Court of Appeals
In Re the Supervised Estate of Dorothy M. Hall (Decedent), Doloris Tilly v. Jeff Hall and Doris Andres
19A-ES-1450
Estate. Affirms the Floyd Circuit Court’s April 26, 2019 interlocutory order in the supervised estate of Dorothy M. Hall. Finds reversal is not warranted on Doloris Tilly’s argument that her stepbrother Jeff Hall’s affidavits were improperly considered by the trial court. Also finds no abuse of its discretion in denying her request to strike Hall’s responses to her request for admissions. Lastly, finds that Ind. Code § 29-1-14-1 does not require reversal and that Hall was not required to file a separate request to set aside the March 2010 deeds or join stepsister Doris Andres’s petition.