Mom not denied due process in TPR case involving unrecorded evidence statements
A Madison County mother was not denied due process in her termination of parental rights case, the Indiana Court of Appeals has affirmed.
Court opinions
Articles
COA reduces 300-year child molesting sentence
A man convicted on numerous counts of child molesting had his 300-year sentence slightly reduced after the Indiana Court of Appeals found no evidence in the record to support one of his convictions.
Sentence affirmed for drug distributor in guideline calculation dispute
The 7th Circuit Court of Appeals has affirmed a man’s 23-year sentence for his drug and firearms convictions despite his assertion that the district court erred by including both uncharged and acquitted drug amounts in his guideline calculation.
COA allows Insurance Dept. claim in name of deceased individuals to proceed
A proposed complaint before the Indiana Department of Insurance was not void just because it was filed in the name of a deceased person on behalf of a deceased victim of alleged medical malpractice, the Indiana Court of Appeals has ruled.
7th Circuit affirms findings that immigrant’s marriage was a ‘sham’
A woman who emigrated to Indiana from Nigeria after marrying her now ex-husband was denied a petition to stay in the United States after the 7th Circuit Court of Appeals affirmed the adverse credibility findings of two immigration judges that her marriage was a sham.
Opinions July 29, 2021
Indiana Court of Appeals
State of Indiana v. Aaron L. Riggs, II
20A-CR-2144
Criminal. Affirms the Daviess Superior Court’s order holding that Indiana Code § 35-40-5-11.5 was unenforceable because it conflicts with the trial rules, and granting defendant Aaron L. Riggs II’s request to depose the alleged child victim in his child molesting case. Finds that any substantive provisions of the child deposition statute do not exempt the procedural provisions of the statute from the general rule that Indiana Trial Rules supersede conflicting procedural statutes. Also finds that the procedural provisions of the statute conflict with the trial rules, so the procedural provisions are unenforceable.
Expelled county councilman loses appeal
A former Starke County Council member who was expelled from public office for allegedly making bigoted statements while attending the Association of Indiana Counties conference in Indianapolis lost his attempt to regain his seat after the Indiana Court of Appeals found his arguments challenging his expulsion were “incomprehensible.”
Opinions July 28, 2021
Indiana Court of Appeals
Gregory Wilson, Sr., in his capacity as the Executive Director of the State of Indiana Civil Rights Commission v. Betty Jo Wilkening
20A-PL-1960
Civil plenary. Reverses the Lake Superior Court’s grant of judgment on the evidence in favor of Betty Jo Wilkening and against Gregory L. Wilson Sr. in his capacity as the executive director of the State of Indiana Civil Rights Commission. Finds that the trial court erred in granting Wilkening’s motion because it misinterpreted the “shall” in Indiana Code § 22-9.5-6-8 to be mandatory rather than directory in a housing discrimination suit brought against her. Remands for a new trial.
Lake Co. dad gets new trial after potential landlord denies rental because of kids
A new trial has been ordered for a Lake County father who was refused a rental home after telling the owner that he had children.
7th Circuit revives case against Indiana nursing home, finding federal law allows for private right of action
In considering the plight of a northern Indiana man whose health worsened when he was a resident of Valparaiso Care and Rehabilitation, a state-run nursing facility, the 7th Circuit Court of Appeals has aligned with the 3rd and 9th Circuits in finding patients can enforce the rights offered under the Federal Nursing Home Reform Act.
Opinions July 27, 2021
Indiana Court of Appeals
Terrance Leroy Smoots, Jr. v. State of Indiana
20A-CR-2101
Criminal. Affirms Terrance Smoots Jr.’s convictions of Level 5 felony battery resulting in serious bodily injury, Level 4 felony criminal confinement resulting in moderate bodily injury, Level 6 felony obstruction of justice, Level 6 felony attempted obstruction of justice and a finding that he is a habitual offender, and his 24-year aggregate sentence. Finds the state proved by a preponderance of the evidence that Smoots’ conduct was designed to prevent Robert Simmons from testifying against him, so Smoots forfeited his right to confront Simmons at trial in light of that wrongdoing and his Sixth Amendment right to confrontation was not violated by the admission of Simmons’ statements at trial. Also finds the Madison Circuit Court did not abuse its discretion in sentencing Smoots. Finally, finds Smoots’ sentence is not inappropriate.
Inmate loses appeal after cell block attack
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.
7th Circuit rules for masonry workers in employee benefit plan dispute
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.
Opinions July 26, 2021
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.
Insurance company prevails in appeal of golf cart accident dispute
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.
COA affirms custody for mom in Hamilton County divorce dispute
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.
Opinions July 23, 2021
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.
Bail bondsman released from order to repay $20,000 bond
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.
Opinions July 22, 2021
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.
Indiana RV manufacturer prevails in breach of warranty suit brought by frustrated customer
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.