A Madison County prisoner convicted for his role in the battery of another inmate over “street beef” and for attempting to keep the man from testifying could not convince the Indiana Court of Appeals on Tuesday that his two-decade-long sentence should be revised.
Does the priority limitation found in the Bankruptcy Code apply to every fund that seeks unpaid contributions? The 7th Circuit Court of Appeals sided with more than a dozen masonry workers in answering that question in a Monday decision.
Indiana Court of Appeals
William Hoppe, as Father and Natural Guardian of Madison Hoppe, a Minor, and Shellie and Christopher Knoll v. Safeco Insurance Company of Indiana
21A-PL-73
Civil plenary. Affirms the Hamilton Superior Court’s grant of summary judgment in favor of Safeco Insurance Company of Indiana in Safeco’s declaratory judgment action to determine whether it had a duty to indemnify their insureds, Shellie and Christopher Knoll, in a lawsuit filed by William Hoppe, as father and natural guardian of Madison Hoppe, a minor. Finds coverage under the liability section of the homeowner’s insurance policy issued by Safeco to the Knolls does not apply to bodily injury arising from the use of the golf cart. Thus, there’s no coverage under the policy for any entrustment, supervision, act, decision or omission concerning the golf cart. Also finds the trial court properly granted summary judgment to Safeco.
Two families jointly appealing a ruling that favored an insurance company after one of their children was injured in a golf cart accident did not convince the Indiana Court of Appeals that there was a mistake in the trial court’s decision.
Joint custody was not a good idea for a splitting Carmel family, the Indiana Court of Appeals concluded after finding that the arrangement would have been detrimental to the parties’ young child.
7th Circuit Court of Appeals
United States of America v. Kashawn Morrow
20-2259
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Richard L. Young.
Criminal. Affirms Kashawn Morrow’s convictions on counts of Hobbs Act robbery and firearms offenses in relation to four robberies across Indiana and Ohio. Vacates the restitution award against Morrow. Finds Morrow failed to satisfy the plain error requirements to successfully challenge count 8. Also finds Hobbs Act robbery is a crime of violence. Finally, finds it was error for the district court to order restitution for property stolen during the Troy, Ohio robbery. Remands for a determination of the appropriate restitution award for the Ohio robbery.
A bail bondsman has been freed from an order to pay up on a $20,000 bond he posted several years ago after the Indiana Court of Appeals reversed upon finding the bond had expired and was no longer forfeitable.
The following 7th Circuit Court of Appeals opinions were posted after IL deadline on Wednesday.
Joseph McCavitt v. Kilolo Kijakazi, Acting Commissioner of Social Security
20-2727
Appeal from the United States District Court for the Northern District of Indiana, South Bend Division. Judge Robert L. Miller, Jr.
Civil. Affirms the rejection of Joseph McCavitt’s petition for Social Security disability benefits for his child, N.A.M. Rejects McCavitt’s argument that N.A.M., is disabled by attention deficit hyperactivity disorder, intellectual limitations, oppositional defiant disorder, and nocturnal enuresis and that his son’s conditions meet, or are functionally equivalent to three of six “domains of functioning”. Agrees with the ALJ and Indiana Northern District Court’s finding that N.A.M. did not meet any of the listings and has a marked limitation in only one functional category. Finds substantial evidence supports that conclusion.
A peaceful retirement on the road wasn’t meant to be for a man whose experience with a recreational vehicle made by an Indiana company went flat following dozens of unresolved defects. But the 7th Circuit Court of Appeals ruled for the RV’s manufacturer, finding no issue with an instruction given to a jury in a suit against the RV maker.
A Hoosier child with several intellectual limitations is not considered disabled and therefore doesn’t qualify to receive benefits from the Social Security Administration, the 7th Circuit Court of Appeals has ruled.
7th Circuit Court of Appeals
City of Fishers, Indiana v. DIRECTTV
20-3478
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Jane Magnus-Stinson.
Civil. Affirms the Southern Indiana District Court’s abstention under the teachings of Levin v. Commerce Energy, Inc., 560 U.S. 413 (2010) from a case brought by several Indiana cities against Netflix and other video streaming platforms alleging they owe the cities past and future franchise fees under an Indiana statute. Finds the district court properly abstained and that it did not err by applying the Levin abstention factors.
In a guest column, retired lawyer Kent Hull reflects on his experience as a lawyer with a disability.
Read Indiana appellate court decisions from the most recent reporting period.
Does the definition of “patient” in Indiana’s Medical Malpractice Act encompass third parties? The Indiana Supreme Court, in considering a certified question from the 7th Circuit Court of Appeals, has decided the answer is “yes.” But not every justice was convinced.
Shelly Fitzgerald and Lynn Starkey, former guidance counselors at Roncalli High School, and Joshua Payne-Elliott, a former foreign language and social studies teacher at Cathedral High School, all filed separate lawsuits against the Roman Catholic Archdiocese of Indianapolis after they were all terminated from their jobs because they are in same-sex marriages. This month’s decision from the 7th Circuit in Demkovich v. St. Andrew the Apostle Parish, 19-2142, could change the trajectory of each of those cases.
Indiana Court of Appeals
In Re: The Paternity of B.G.H.; Kelsey Morrison v. Aaron Harmon
20A-JP-2387
Juvenile paternity. Affirms the Delaware Circuit Court’s orders in a paternity action involving Kelsey Morrison and Aaron Harmon that determined Indiana was a more convenient forum than Michigan; awarded the parties joint legal custody of their son, two-year-old B.H.; awarded father parenting time in Indiana on alternating weekends; and ordered father to pay $85 per week in child support. Finds the Delaware Circuit Court did not err or abuse its discretion. Judge Elizabeth Tavitas concurs in result with separate opinion.
A stepfather seeking to vacate a paternity determination and adopt his wife’s child was not permitted to do so after the Indiana Court of Appeals concluded that the biological father’s consent to the adoption was required.
A Vanderburgh County man convicted of multiple felonies including murder has convinced the Indiana Court of Appeals to overturn his habitual offender adjudication because, in admitting his prior convictions, he did not waive his right to a jury trial.
The 7th Circuit Court of Appeals has affirmed the preliminary injunction against the enforcement of an Indiana law that allows election officials to remove voters from the state’s voting rolls without getting consent from the individuals themselves.
The following 7th Circuit Court of Appeals opinion was posted after IL Deadline on Friday.
Peggy Jo Smith v. Professional Transportation and Ronald D. Romain
20-2046
Appeal from United States District Court for the Southern District of Indiana, Evansville Division. Judge Richard L. Young.
Civil. Vacates the Southern District Court’s summary judgment order in part and remands with instructions to permit Peggy Jo Smith’s individual claims to proceed against Professional Transportation Inc. Finds that the district court erred by refusing to allow Smith to proceed on her individual claims and that she is entitled to proceed individually, regardless of what happens to the collective action.