Opinions

7^th Circuit Court of Appeals
United States of America v. Damon L. Taylor
24-1007
Criminal. Appeal from the United States District Court for the Northern District of Indiana, Fort Wayne Division. Chief Judge Holly Brady. Affirms Damon Taylor’s conviction on two counts of threatening to assault a federal law enforcement officer in violation of 18 U.S.C. § 115(a)(1)(B). Finds the district court provided Taylor a fair trial at which his able counsel provided him with a vigorous defense, and Taylor’s counsel was able to marshal the admitted evidence in support of an argument that he did not subjectively appreciate the threatening nature of his statements, that he did not consciously disregard the possibility that the AUSA would take them as genuine threats to her safety, and that he did not intend to impede, intimidate, or interfere with the AUSA in the performance of her official duties. Attorneys for appellant: Michelle Kraus, Chad Pennington. Attorneys for appellee: David Hollar, Maureen Merin.

Indiana Court of Appeals
Martell Jevon Flippins v. State of Indiana
24A-CR-2210
Criminal. Affirms Martell Flippins’ conviction by jury trial in Lake Superior Court of murder and the finding that he used a firearm in the commission of the crime as a sentence enhancement, which resulted in an aggregate sentence of 70 years. Findsthat the search warrants for Fliippins’ iPhone and Facebook account were supported by probable cause and the trial court did not abuse its discretion in admitting the evidence discovered as a result of the search warrants. Attorney for appellant: Sean Mullins. Attorneys for appellee: Attorney General Todd Rokita, Steven Hosler.

Indiana Court of Appeals
Kurt Williams v. Karin Kirch
25A-SC-196
Small claims. Affirms the Marion County Small Claims Court’s judgment in favor of Karin Kirch. Finds the small claims court did not err in concluding that Kurt Williams’s claims were frivolous, unreasonable, and groundless. Also finds the court did not abuse its discretion in ordering Williams to pay $650 in attorney’s fees—a fraction of the $3,611.28 Kirch incurred defending against this action. Pro se appellant: Kurt Williams. Attorney for appellee: Jeremy Fetty.

7^th Circuit Court of Appeals
E.D., a minor, by her parent and next friend, Lisa Duell, et al. v. Noblesville School District, et al.
24-1608
Civil. Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Sarah Evans Barker. Affirms the district court’s granting of summary judgment to Noblesville School District after E.D., through her parents Michael and Lisa Duell, sued the school district and several officials, claiming the rejection of her flyers and the club’s suspension were driven by hostility to her pro-life views, in violation of the First Amendment and the Equal Access Act, 20 U.S.C. § 4071(a). Finds the district court reasonably concluded that the Equal Access Act claim was confined to the suspension of Noblesville Students For Life’s status and that the flyer-based theory, raised for the first time at summary judgment, was not properly before the court. Attorneys for appellants: John Bursch, Zachary Kester, Tyson Langhofer, Mathew Hoffmann, Laura Buckner. Attorney for appellees: Liberty Roberts.

Indiana Court of Appeals
Dion Kimbrough v. State of Indiana
24A-CR-2348
Criminal. Affirms Dion Kimbrough’s convictions in Marion Superior Court of murder and Level 4 felony unlawful possession of a firearm by a serious violent felon for shooting a passenger on an Indianapolis interstate during a road-rage incident. Finds the trial court erred in admitting evidence that Kimbrough was on home detention and GPS monitoring through community corrections at the time of the shooting, but the error was harmless. Judge L. Mark Bailey concurs with separate opinion. Attorney for appellant: Lisa Johnson. Attorneys for appellee: Attorney General Todd Rokita, Steven Hosler.

Indiana Court of Appeals
Crowder Farms, LLC v. Jeff L. Flick
24A-PL-2176
Civil plenary. Affirms the Orange Circuit Court’s judgment denying Crowder Farms, LLC’s claim of a prescriptive easement over Jeff Flick’s property. Finds Crowder Farms failed to prove its intent to assert an exclusive right to use the road, and therefore, it did not establish all the required elements of a prescriptive easement claim. Attorney for appellant: Isaac Brown. Attorney for appellee: Patrick Smith.

Indiana Court of Appeals
In Re: The Paternity of A.B., N.W., and B.W. (Minor Children); Johnathan Brown (Father) v. Amy Warren (Mother)
24A-JP-1833
Juvenile paternity. Reverses the Hamilton Superior Court order denying Johnathan Brown’s  motion to modify child support and finding him to be in contempt for failing to pay Amy Warren for their children’s past extracurricular activities. Finds the trial court clearly erred when it denied the father’s motion to modify child support and abused its discretion when it found the father to be in contempt. Remands with instructions for the trial court to: (1) hold a hearing for additional evidence to be presented on the relevant factors that the trial court should consider when determining the father’s potential income and to adjust its order as necessary to impute an appropriate level of potential income to the father based on that evidence; and (2) vacate that portion of its order that found the father in contempt for failing to pay the mother $3,647.75 for the past extracurricular activities and ordered the father to reimburse the mother $1,000 for the attorney fees that she incurred in bringing her contempt petition. Attorney for appellant: Brian DeHem. No attorney listed for appellee.

7^th Circuit Court of Appeals
Indiana Protection and Advocacy Services Commission, et al. v. Indiana Family and Social Services Administration, et al.
24-2633, 24-2741, & 24-2770
Civil. Appeals from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Tanya Walton Pratt. Affirms the district court’s injunction requiring the Indiana Family and Social Services Administration to pay the plaintiffs E.R. and G.S.’ mothers for providing attendant care services until in-home nurses are procured for each child. Finds the plaintiffs have a high likelihood of succeeding on the merits of their Americans with Disabilities Act claims. Also finds no abuse of discretion in the district court’s balancing of the equities or its assessment that the public interest is best served by preserving plaintiffs’ access to medically necessary care and enforcing federal antidiscrimination law. Remands for further proceedings. Attorneys for appellants: Gavin Rose, Thomas Crishon, Samuel Adams, Stevie Pactor. Attorneys for appellees: Ryan Hurley, Harmony Mappes, Matthew Elliott, Melinda Hudson.

Indiana Court of Appeals
Lauren Cupp v. State of Indiana
24A-CR-2333
Criminal. Affirms Lauren Cupp’s convictions in Boone Circuit Court of of two counts of resisting law enforcement—one count for each officer she resisted—and two counts of felony neglect of a dependent. Also affirms the trial court’s imposition of a sentence enhancement based on Cupp’s use of a firearm during her resistance of the second officer. Finds the evidence was sufficient to support Cupp’s conviction for resisting Officer Thomas because a reasonable jury could conclude that he visibly identified himself as police, that Cupp understood she was ordered to stop, and that she fled anyways. Also finds Cupp’s double jeopardy claim fails because she committed two distinct acts of resistance. Finally, finds Officer Thomas qualifies as a “police officer” under the Enhancement Statute despite being employed by a town rather than a city. Judge Melissa May dissents in part, concurs in result in part, and concurs in full in part with a separate opinion. Attorney for appellant: Riley Parr. Attorneys for appellee: Attorney General Todd Rokita, Daylon Welliver.

7^th Circuit Court of Appeals
United States of America v. Steven J. Heck
23-2384
Criminal. Appeal from the United States District Court for the Northern District of Indiana, Fort Wayne Division. Chief Judge Holly Brady. Affirms Steven Heck’s convictions and sentence of life imprisonment in district court for distributing methamphetamine during the controlled buys, operating his home for the purpose of distributing a controlled substance, possessing methamphetamine and fentanyl with intent to distribute and possessing a firearm and possessing a firearm while a felon. Finds the district court had little trouble concluding that Hecke credibly threatened violence in order to invoke fear in the recipients and ensure their compliance. Also finds the district court did not clearly err when finding that Hecke had directed at least one other person in the drug trafficking operation. Attorneys for appellant: Stanley Campbell, Michael Rayfield, Robert McClendon. Attorneys for appellee: David Hollar, Nathaniel Whalen.

7^th Circuit Court of Appeals

Chicago Wine Co., et al. v. Mike Braun, Governor of Indiana; Theodore Rokita, Attorney General of Indiana; and Jessica Allen, Chairwoman of the Indiana Alcohol and Tobacco Commission
21-2068
Civil. Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Tanya Walton Pratt.  Affirms the district court’s summary judgment order for Indiana state officials after Chicago Wine Company sued the state over a law that prevent retailers of alcoholic beverages located outside the state from shipping wine to Indiana consumers. Finds Indiana’s retail-premises requirement does not discriminate by either the source of the beverages or the state citizenship of the proprietor. Also finds Chicago Wine has not come forward with sufficient evidence to demonstrate that the common carrier ban imposes such a heavy burden on interstate commerce as to overcome the state’s legitimate interest in combatting underage drinking. Judge Frank Easterbrook and Judge Michael Scudder concur with separate opinions. Attorneys for appellants: James Tanford, Robert Epstein, James Porter II. Attorneys for appellees: John Herriman, Aaron Craft, Jefferson Garn, Michael Maxwell Jr., Benjamin Jones.

Indiana Court of Appeals
Kimberly A. White v. Town of Plainfield, Indiana
24A-PL-1690
Civil plenary. Affirms the Hendricks Superior Court’s order in Plainfield’s favor, permanently enjoining Kimberly White from using Plainfield’s registered Mark in any manner. Finds the Mark does not consist of or comprise the flag or “other insignia” of Plainfield and therefore falls outside of Indiana Code Section 24-2-1-3(3)(B)’s bar on registering such marks. Also finds the trial court’s determination that White infringed on Plainfield’s trademark rights was not clearly erroneous and the trial court therefore properly enjoined White from continuing to use the Mark. Attorneys for appellant: Sean Burke, Jeffery Furminger. Attorneys for appellee: Melvin Daniel, Jeffrey Parker, Vivek Hadley.

7^th Circuit Court of Appeals
Choaen Consulting, LLC, doing business as Chosen Healthcare, et. al. v. Town Council of Highland, Indiana, et al.
24-2714
Civil. Appeal from the United States District Court for the Northern District of Indiana, Hammond Division. Judge Philip Simon. Affirms the district court’s granting of summary judgment to the Town of Highland. Finds Chosen Healthcare’s claim for injunctive relief under the Americans with Disabilities Act and the Rehabilitation Act is not ripe for review. Also finds until Chosen has properly pursued the town’s approval and the town has decided whether it will permit Chosen’s proposed use of the property, this dispute is not ripe. Attorneys for appellants: Libby Goodknight, Shelley Jackson, Matthew Branic. Attorneys for appellees: Anthony Overholt, John Reed, Darren Craig, Amy Johnson.

Indiana Supreme Court
In the Matter of Christopher Phillips
25S-DI-49
Attorney disciplinary action. Finds that Christopher Phillips of West Lafayette engaged in attorney misconduct by, among other things, charging unreasonable fees in estate matters and mismanaging his attorney trust account. Also finds that Phillips should be suspended from the practice of law for 180 days, with 120 days actively served and the balance stayed subject to successful completion of at least three years of probation with monitoring by a certified public accountant. Attorney for respondent: James Bell. Attorneys for Indiana Supreme Court Disciplinary Commission: Adrienne Meiring, Stephanie Bibbs, Victoria Thomas.

Indiana Court of Appeals
J.J. v. State of Indiana
25A-JV-481
Juvenile. Dismisses J.J.’s appeal of the Jennings Circuit Court’s finding that he had violated his probation and ordered him to report to the Indiana Department of Correction housing at the Logansport Juvenile Correctional Facility. Finds J.J. is precluded from challenging the validity of the agreed modification on direct appeal. Attorney for appellant: Benjamin Loheide. Attorneys for appellee: Attorney General Todd Rokita, Rebekah Bennett.

Indiana Court of Appeals
Antwan White, et. al. v. American Legion Post #354, Inc., et. al.
24A-CT-1043
Civil tort. Affirms Vanderburgh Superior Court Judge Mary Lloyd’s  order granting summary judgment to The American Legion, Inc. , The American Legion-Indiana Branch,  American Legion Auxiliary and American Legion Auxiliary Department of Indiana, Inc. on Antwan White, Mika McBaine, Mikeal McBaine, and Sheree Fairrow ‘s claims of negligence, dram shop, and maintaining an unreasonably dangerous business activity or nuisance. Finds the plaintiffs failed to come forward with evidence establishing the existence of genuine issue of material fact. Also finds that the trial court did not err in granting summary judgment in favor of the Legion defendants because there was no genuine issue of material fact as to whether they could be held vicariously liable for the conduct of Post #354 and no genuine issue of material fact supported the piercing of the corporate veil. Attorneys for appellants: Brandon Danks, Rick Cory. Attorneys for appellees: Justin Sorrell, Katherine Haire, Trenton Gill, John Kreighbaum, Danny Glass, Kimberly Howard.

Indiana Court of Appeals
Dewight Allen v. Anonymous Physician, Anonymous Provider 1, and Anonymous Provider 2
24A-CT-2260
Civil tort. Affirms the Allen Superior Court’s denial of Dewight Allen’s petition for a preliminary determination of law, seeking a default judgment as a sanction for Providers’ alleged violations of Indiana’s Medical Malpractice Act. Finds that the trial court’s decision to decline Allen’s request to enter the extreme sanction of a default judgment against the providers was not an abuse of discretion. Judge Elaine Brown dissents with separate opinion. Attorneys for appellant: Michael Simmons, Hannah Brady. Attorney for appellees: Benjamin Ice.

7^th Circuit Court of Appeals
Heather Schroeder and Misty Tanner v. Progressive Paloverde Insurance Company and Progressive Southeastern Insurance Co.
24-1559
Civil. Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Jane Magnus-Stinson. Reverses the district court’s class certification order for a group of Indiana car owners insured by Progressive Paloverde Insurance Company and Progressive Southeastern Insurance Company (whose cars Progressive deemed total losses after collisions. Finds the district court’s class certification decision rested on an erroneous interpretation of Progressive’s Indiana auto insurance policy. Remands for further proceedings consistent with this opinion. Multiple attorneys listed for both appellants and appellees.

Indiana Court of Appeals
Quadir Quiroz v. State of Indiana
24A-CR-2649
Criminal. Affirms Quadir Quiroz’s murder conviction in St. Joseph Superior Court. Finds that Tavian Logan’s testimony was unavailable and that his testimony’s unavailability was brought about by Quiroz and/or others acting on his behalf. Also finds the trial court did not abuse its discretion by declaring the  witness unavailable under Evidence Rule 804(a)(3) and 804(b)(5). Attorney for appellant: A. Robert Masters. Attorneys for appellee: Attorney General Todd Rokita, Deputy Attorney General Alexandria Sons.