Opinions

7th Circuit Court of Appeals
Gabriel V. Mendoza v. United States of America
13-3195, 13-3196
U.S. District Court, Northern District of Indiana, South Bend Division, Judge Robert L. Miller Jr.
Civil. Affirms denial of Mendoza’s petition for relief from his drug convictions. He was not deprived due process when an interpreter relocated her position in the courtroom to translate for a witness nor was he provided ineffective assistance of counsel.

Indiana Court of Appeals
Cruisin', Inc., d/b/a Cruisin' Auto Sales v. Springleaf Financial Services of Indiana, Inc., f/k/a American General Financial Services
39A01-1309-CC-423
Civil collection. Affirms judgment in favor of Springleaf. Finds Cruisin’ breached the terms of the contract by giving the title to the car buyer rather than mailing it to Springleaf. Remands to correct a scrivener’s error and enter the reimbursement amount at $2,659.02. Also remands to enter the judgment damage award against the dealership and buyer jointly and severally.

Indiana Court of Appeals
J.C. Jennings, II v. State of Indiana (NFP)
45A03-1310-CR-425
Criminal. Affirms conviction of Class D felony sexual battery.

Randy L. Knapp v. State of Indiana
28S00-1305-LW-327
Criminal. Affirms in all respects the murder conviction and life without parole sentence for Randy L. Knapp in the killing of Stacey Lawson. The court rejected Knapp’s claims that crime scene photos and expert witness testimony were improperly admitted and that his sentence wasn’t supported by evidence or was inappropriate in light of his character and nature of his offense.

Indiana Court of Appeals
Gabriel McQuay v. State of Indiana
49A02-1311-CR-954
Criminal. Affirms convictions of Class D felony criminal confinement and Class A misdemeanor battery. Under an objective analysis, the circumstances of the encounter as well as the statements and actions of R.S. and Officer Travis Williams indicate that the primary purpose of the interrogation was to enable police assistance to meet an ongoing emergency. As such, R.S.’s identification of herself and McQuay were not testimonial statements. The Confrontation Clause did not bar their admission at McQuay’s trial.

Shannon Robinson and Bryan Robinson v. Erie Insurance Exchange
49S02-1311-PL-733
Civil plenary. Affirms summary judgment in favor of Erie Insurance on the issue of whether its automobile policy provided uninsured motorists coverage for automobile property damaged caused by a hit-and-run driver where no personal injury resulted. Because personal injury did not result in the accident, the Erie policy does not provide uninsured motorist coverage with respect to the property damage sustained by the Robinsons’ vehicle.

7th Circuit Court of Appeals
Eric Grandberry v. Brian Smith, superintendent, Plainfield Correctional Facility
12-2081
U.S. District Court, Southern District of Indiana, Terre Haute Division, Judge William T. Lawrence.
Civil. Reverses discipline and revocation of 30 days of Grandberry’s good-time credits for unauthorized use of an electronic device. Remands with instructions to issue a writ of habeas corpus restoring Grandberry’s good-time credits. Library staff asked him to use the computer to fill out forms that he was not supposed to complete as head inmate law clerk.

7th Circuit Court of Appeals
Matthew Whitfield v. International Truck and Engine Corp.
13-1876
U.S. District Court, Southern District of Indiana, Indianapolis Division, Chief Judge Richard L. Young.
Civil. Affirms in part and reverses in part ruling in favor of International Truck and Engine Corp. on Whitfield’s action alleging discrimination in failure to hire and violations of the Civil Rights Act. The District Court ignored some evidence or made conclusions not supported by the evidence. Remands for further proceedings.

Indiana Court of Appeals
Commissioner of Labor ex rel Vincent Scialdone and Antimo Scialdone v. An Island, LLC (NFP)
62A01-1312-PL-548
Civil plenary. Affirms trial court decision to not order An Island LLC to pay any 2010 wages to Antimo or Vincent Scialdone and to not award the plaintiffs attorney fees.

Indiana Tax Court
Jaklin Idris and Dariana Kamenova v. Marion County Assessor
49T10-1108-TA-49
Tax. Finds the Indiana Board of Tax Review did not err in upholding the 2006 assessment of Idris’ and Kamenova’s condominium unit. Rejects their claims the board abused its discretion in finding that Kamenova failed to establish that their property was entitled to an obsolescence adjustment, and in determining that the assessments of the three other units in their building failed to show that their property was over-assessed; and that the board erred in upholding their assessment given the assessor’s improper use of the “one unit multiple units” classification.

Lori Nicklas v. Von Tobel Corporation, Individually, and d/b/a Von Tobel Lumber; and Von Tobel Lumber Company, Inc.
64A03-1310-CC-429
Civil collection. Affirms summary judgment in favor of Von Tobel Corp. and the denial of Nicklas’ motion for summary judgment on the company’s action to recover money owed on a promissory note executed by Nicklas and her husband. An agreed judgment against one obligor does not merge and extinguish the obligation of another person jointly and severally liable on the same contract, so Van Tobel was free to seek a judgment against Lori Nicklas after an agreed judgment with Shawn Nicklas had been entered.

Indiana Supreme Court
Virginia E. Alldredge and Julia A. Luker, as Co-Personal Representatives of the Estate of Venita Hargis v. The Good Samaritan Home, Inc.
82S01-1305-CT-363
Civil tort. Reverses summary judgment, holding that a wrongful death claim against Good Samaritan may proceed. Holds that the Fraudulent Concealment Statute may apply to the Wrongful Death Act’s two-year filing period. Remands for proceedings.

Indiana Court of Appeals
Brandon Brummett v. State of Indiana
49A02-1304-CR-378
Criminal. Reverses convictions of Class B and Class C felony child molesting and three counts of Class D felony sexual misconduct with a minor. The panel found the prosecutor’s continual misconduct constituted fundamental error that placed Brummett in grave peril. Remands for a new trial.

Indiana Court of Appeals
In re the Paternity of V.A., (Minor Child), R.A. v. B.Y.
39A04-1310-JP-512
Juvenile. Affirms a special judge’s ruling that the judge who heard evidence remanded to the trial court from an earlier appeal should rule on the remanded issues, as required by Trial Rule 63(A). The panel rejected father R.A.’s objection claiming that his change-of-judge request trumps that rule, finding that the change-of-judge rule only applies prospectively, while Rule 63(A) operates retroactively to ensure that the remanded issues are considered by the judge who heard the evidence.

Indiana Supreme Court
Stacy Smith and Robert Smith, Individually and as Co-Personal Representatives of the Estate of Johnny Dupree Smith, Deceased v. Delta Tau Delta, Inc. and Beta Psi Chapter of Delta Tau Delta, et al.
54S01-1405-CT-356
Civil tort. Affirms summary judgment in favor of national fraternity Delta Tau Delta on the Smiths’ wrongful death complaint. There is no designated evidentiary material that shows that the national fraternity had a right to exercise direct day-to-day oversight and control of the behavior of the activities of the local fraternity and its members. Concludes as a matter of law that an agency relationship does not exist between the national fraternity and the local fraternity or its members.

7th Circuit Court of Appeals
Joshua Bunn v. Khoury Enterprises Inc.
13-2292
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge William T. Lawrence.
Civil. Affirms summary judgment for Bunn’s former employer, a Dairy Queen franchise, on his claims that his employer violated the Americans with Disabilities Act. Bunn’s failure-to-accommodate claim falls short because his employer did reasonably accommodate his disability. His disparate treatment claim fails because he has not introduced sufficient evidence to create a triable issue of material fact and because the undisputed facts show that the defendant is entitled to judgment as a matter of law.

Indiana Court of Appeals
John Alden v. State of Indiana
30A05-1309-MI-463
Miscellaneous. Reverses denial of motion to prohibit the release of Alden’s criminal record. The trial court abused its discretion when it denied his motion on the basis that the Legislature had repealed I.C. 35-38-8-3. Remands for the trial court to consider the merits of his motion.

Indiana Court of Appeals
Andrew J. Rogers v. Sigma Chi International Fraternity, Theta Pi of Sigma Chi, Ancil Jackson, Brian Mifflin, Jr., and Joshua Kearby
84A04-1305-CT-224
Civil tort. Affirms summary judgment for Sigma Chi International fraternity, its Terre Haute chapter and Jackson, Mifflin and Kearby on Rogers’ claim the defendants should have protected him from being assaulted at a party. Sigma Chi did not have possession of the premises where Rogers was injured, the defendants had no duty to protect him from the assault, and the International fraternity was not vicariously liable for the acts of the persons at the premises because it had no actual or apparent authority over them.

Indiana Court of Appeals
Yellowbook Inc. f/k/a Yellow Book Sales and Distribution Company, Inc. v. Central Indiana Cooling and Heating, Inc. and Lawrence E. Stone a/k/a Larry Stone
30A05-1311-CC-561
Civil collection. Affirms in part, reverses in part and remands with instructions. The trial court erred when it concluded that Yellow Book failed to credit certain Central Indiana Cooling and Heating payments under Contracts 1 and 2; Contract 3 was induced by fraud and is rescinded; and Yellow Book is entitled to pre-judgment interest and reasonable attorney fees for amounts owed under Contracts 1 and 2.

Indiana Court of Appeals
Jacob Herron v. State of Indiana
56A03-1306-CR-210
Criminal. Reverses convictions of Class B felony burglary and Class D felony receiving stolen property. The jury may have relied on the impeachment evidence as substantive evidence in this case. Remands for retrial, if the state chooses. Judge Riley dissents in part, finding enough circumstantial evidence to convict Herron.