Opinions

7th Circuit Court of Appeals
Continental Casualty Co. v. Sycamore Springs Homeowners Association Inc.
10-3261
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Larry McKinney.
Civil. Affirms District Court’s conclusion that the homeowners association had not suffered “property damage” as defined in Continental Casualty’s policy insuring the builder. The language of the association’s own complaint in state court and the absence of any effort to apportion the $335,000 entitles Continental to judgment.

7th Circuit Court of Appeals
Townsquare Media Inc., f/k/a Regent Communications Inc. v. Alan R. Brill, et al.
10-3017, 10-3018
U.S. District Court, Southern District of Indiana, Evansville Division, Chief Judge Richard Young.
Civil. The decision of the bankruptcy court to remand a suit to state court – which had been removed to the bankruptcy court after being filed in state court – is unreviewable and Regent’s appeal must be dismissed.

Indiana Court of Appeals
Marianne Jackson v. Thomas Trancik, M.D.
29A02-1012-CC-1391
Civil collections. Reverses summary judgment to Dr. Trancik on his lawsuit to collect on a medical bill. The trial court abused its discretion in striking the affidavit of an expert witness designated by Jackson and that affidavit establishes an issue of material fact as to the amount she owes. Remand for further proceedings.

7th Circuit Court of Appeals
Dana Woods, et al. v. Commissioner of the Indiana Department of Corrections
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Jane E. Magnus-Stinson
10-3339
Civil. Affirms U.S. District Court’s finding that the Indiana Department of Correction policy preventing inmates from advertising for pen-pals and receiving materials from websites that allow persons to advertise for pen-pals is constitutional.

Indiana Court of Appeals
David Delagrange v. State of Indiana
49A02-1010-CR-1086
Criminal. Affirms partial denial of motion to dismiss. The state has alleged that Delagrange knowingly or intentionally attempted to create an image of sexual conduct, which is a sufficient statement of Delagrange’s mental state to survive a motion to dismiss. Remands for further proceedings. Judge Baker dissents.

Indiana Court of Appeals
Estate of Wilgus S. Gibbs, Sr.
81A01-1011-ES-560
Estate. Affirms grant of summary judgment in favor of Wilgus Gibbs Jr., individually and as a personal representative of the estate and executor of the will of Wilgus Gibbs Sr. Gibbs Sr.’s granddaughters failed to rebut the presumption of regularity in the execution of his will that is established by the self-proving clause. There is also no evidence of undue influence or that the will was the result of a mistake or fraud.

7th Circuit Court of Appeals
United States of America v. Nathaniel Josiah Worden
10-3567
U.S. District Court, Northern District of Indiana, Hammond Division, Judge Joseph Van Bokkelen.
Criminal. Dismisses appeal of District Court’s order that Worden pay approximately $500,000 in restitution to one of the victims of his offense. The restitution order falls within the scope of the appellate waiver in Worden’s plea agreement to one count of advertising child pornography.

7th Circuit Court of Appeals
Jill Treat, et al. v. Tom Kelley Buick Pontiac GMC Inc, et al.
10-3166
U.S. District Court, Northern District of Indiana, Fort Wayne Division, Judge William Lee.
Civil. Affirms summary judgment for Tom Kelley Buick and Kelley Automotive Group in the Treats’ suit under the Wage Payment Statute to recover unpaid wages. The Treats erroneously brought their claim under the Wage Payment Statute instead of the Wage Claims Statute.

Indiana Court of Appeals
Tameka Maria Redding v. State of Indiana (NFP)
71A04-1102-CR-104
Criminal. Affirms conviction of Class D felony attempted theft.

7th Circuit Court of Appeals
Bishop Harvey Jr., et al. v. Town of Merrillville, et al.
11-1041
U.S. District Court, Northern District of Indiana, Hammond Division, Judge Joseph Van Bokkelen. Affirms summary judgment for the defendants on the homeowners’ Section 1983 equal protection claim. Without a similarly situated comparator, the homeowners’ equal protection claim cannot hold water. The District Court also did not err in failing to address the homeowners’ belatedly asserted and undeveloped contention that the defendants violated their First Amendment rights by suppressing their speech. Modifies judgment to dismiss without prejudice instead of remanding the state law claims.

7th Circuit Court of Appeals
John A. Logan v. Donna Wilkins, M.D., et. al.
10-1415
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge William T. Lawrence.
Civil. Affirms decision of district court that Logan is not entitled to amend his initial complaint, holding that he had already been given the opportunity to do so but had not amended.
 

Indiana Court of Appeals
N.K. v. Review Board
93A02-1012-EX-1431
Civil. Reverses determination by the Review Board of the Indiana Department of Workforce Development that a worker fired for taking leftovers was not entitled to unemployment benefits.

Indiana Court of Appeals
J.L., Child Alleged to be C.H.I.N.S.; J.L. v. I.D.C.S.
32A01-1010-JC-532
Juvenile CHINS. Affirms trial court’s finding that mother’s two sons are children in need of services, because of the mother’s repeated unsubstantiated claims that the father was abusing the boys.

Indiana Court of Appeals
Larry E. Snell v. K-Industrial, LLC (NFP)
02A03-1010-CC-523
Collections. Affirms trial court’s judgment in favor of K-Industrial and trial court’s partial summary judgment in favor of Larry Snell. Reverses award of attorney fees to Snell, holding that Snell’s complaint did not arise from his agreement with K-Industrial.

7th Circuit Court of Appeals
Bobby Johnson Jr. v. Hix Wrecker Service Inc., et. al.
09-3023
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge William T. Lawrence.
Civil. Reverses District Court’s grant of summary judgment in favor of Hix Wrecker Service, stating Hix failed to prove that Bobby Johnson was not entitled to overtime pay. Remands for further proceedings.

Indiana Supreme Court
Arturo Garcia-Torres v. State of Indiana
64S03-0912-CR-550
Criminal. Affirms convictions of rape, attempted rape, and two counts of burglary. Garcia-Torres’ consent to the swab of his cheek for DNA was voluntary so the swab was not a violation of the Fourth Amendment. Declines to find Pirtle applies. Justice Rucker dissents.

7th Circuit Court of Appeals
United States of America v. Brook Abebe
10-3966
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Sarah Evans Barker.
Criminal. Affirms sentence of 300 months in prison following guilty plea to armed bank robbery, discharge of a firearm during a crime of violence, and unlawful possession of a firearm by a convicted felon. There was no procedural error in the District Court’s calculation of Abebe’s sentence and his sentence is not substantively unreasonable.

Indiana Supreme Court
Randy Horton v. State of Indiana
48S04-1106-CR-386
Criminal. Affirms convictions of child molesting but reverses 324-year sentence and orders it be reduced to an aggregate executed term of 110 years. Enhances one Class A felony conviction to 50 years and orders the 30-year advisory sentence on the remaining Class A felony convictions. Orders the Class C felony convictions to be four years on each count. Remands for the trial court to issue an amended sentencing order.

Indiana Court of Appeals
Vincent M. Butler, Jr. v. State of Indiana
84A01-1008-CR-414
Criminal. Affirms revocation of Butler’s probation. The record shows that the trial court adequately advised Butler of his right to counsel and that he knowingly, intelligently, and voluntarily waived that right. The trial court did not abuse its discretion by imposing the balance of his four-year previously suspended sentence. Judge Kirsch dissents.