Opinions

7^th Circuit Court of Appeals

United States of America v. Joseph Furando, Appeal of: Christine M. Furando, et al.
20-1526
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Senior Judge Sarah Evans Barker.
Criminal. Vacates the district court’s denial of the third-party claimants’ section 21 U.S.C. § 853(n) petition but affirms the grant of the government’s motion for interlocutory sale of real property. Remands for further proceedings.

Court of Appeals of Indiana
701 Niles, LLC v. AEP Indiana Michigan Transmission Company, Inc., et al.
21A-PL-2123
Civil plenary. Reverses the St. Joseph Circuit Court’s denial of 701 Niles’ motion to enjoin. Finds AEP Indiana Michigan Transmission Company may constitutionally proceed with its project to build an underground electric transmission line on part of 701 Niles’ property. Also finds the University of Notre Dame’s attempt to use AEP’s easements for its hydropower project is an unconstitutional taking. Remands with instructions that the trial court enter an order enjoining AEP from installing the university’s line to the duct bank without 701 Niles’ express consent.

Court of Appeals of Indiana
In the Matter of the Contempt of Christopher C. Myers; Adam Williams and Debbie Williams v. Shafer Pick A Part, LLC, and Paul Shafer
22A-CT-142
Civil tort. Affirms the Allen Superior Court’s imposition of sanctions on attorney Christopher C. Myers. Finds the trial court did not abuse its discretion by imposing Trial Rule 37(D) sanctions against Myers, as he was aware of the deposition date and aware that his motion to quash had been denied, but still failed to appear. Declines to recommend or remand for the imposition of appellate penalties.

Indiana Supreme Court
Terrance Trabian Miller v. State of Indiana
20A-CR-2315
Criminal. Affirms Terrance Trabian Miller’s convictions. Finds any error that arose during jury instruction was invited by Miller, which precludes relief on direct appeal. Also finds sufficient evidence that Miller was lawfully stopped in his vehicle by police. Finally, finds Miller did not comply with the exhaustion rule, which precludes review of the Cass Circuit Court’s refusal to strike juror T.M. for cause. Chief Justice Loretta Rush concurs in part and dissents in part with separate opinion.

Court of Appeals of Indiana
Chasity M. Becklehimer v. State of Indiana
21A-CR-1646
Criminal. Reverses Chasity Becklehimer’s conviction and sentence for Level 6 felony neglect of a dependent. Finds insufficient evidence to sustain Becklehimer’s conviction.

Indiana Supreme Court
Steven Church v. State of Indiana
22S-CR-201
Criminal. Affirms the Marion Superior Court’s denial of Steven Church’s petition pursuant to Indiana Code § 35-40-5-11.5 to obtain a deposition of his alleged child sex abuse victim. Finds the statute is not being retroactively applied to Church and is not a procedural statute that conflicts with Indiana Trial Rules. Also finds the statute is substantive because it predominantly furthers the legitimate public policy objectives within the General Assembly’s exclusive purview. Finally, finds the statute does not violate Church’s constitutional rights under the Indiana or United States constitutions. Justice Christopher Goff concurs in part and in the judgment with separate opinion.

Court of Appeals of Indiana
Donnell Goston Sr., et. al v. State of Indiana, et al.
21A-CT-2484
Civil tort. Affirms the grant of summary judgment for the Indiana Department of Child Services and other state defendants on father Donell Goston Sr.’s negligence complaint. Finds the Marion Superior Court didn’t err in allowing DCS to file a third motion for summary judgment as the motion addressed grounds not previously brought by the agency. Also finds the Notice Statute doesn’t allow a private right of action, and the Legislature didn’t intend for the law to allow it to do so.

Court of Appeals of Indiana
Anthony Brahimsha v. Mariana Vallejo (mem. dec.)
21A-DC-2812
Domestic relations with children. Affirms the Jasper Circuit Court’s division of the marital estate arising from the dissolution of marriage between Anthony Brahimsha and Mariana Vallejo. Finds the trial court did not abuse its discretion by including a $70,000 loan and a vehicle in the marital pot or by omitting the value of the parties’ personal assets from the marital estate. Also finds the trial court did not err in finding that Wife had dissipated marital assets. Finally, finds the trial court did not err when it deviated from an equal division of the marital estate.

Court of Appeals of Indiana
Jacquetta Hahn-Weisz v. Samuel C. Johnson and Amber Johnson
22A-DC-36
Domestic relations with children. Reverses the Union Circuit Court’s partial grant of a petition to modify custody of J.J. filed by father Samuel Johnson. Finds Jacquetta Hahn-Weisz, the child’s grandmother who raises the child, presented clear and convincing evidence that the child’s best interests were substantially and significantly served by remaining with her. Also finds she has demonstrated prima facie error in the trial court’s granting of Johnson’s petition for modification of custody.

Court of Appeals of Indiana
Trent Michael Weaver v. State of Indiana  
21A-CR-2424
Criminal. Affirms Trent Weaver’s aggregate eight-year sentence following his convictions of dealing in a narcotic drug and reckless homicide, both as a Level 5 felony. Finds the Pulaski Superior Court did not abuse its discretion when it imposed separate sentences for Weaver’s dealing and reckless homicide convictions, when it imposed consecutive sentences for those convictions or when it imposed enhanced consecutive sentences. Also finds the trial court’s sentencing statement is adequate. Finally, finds the trial court did not abuse its discretion when it sentenced Weaver.

Court of Appeals of Indiana
Charles T. Ramey, III and Jordan McHenry v. Ashley D. Ping  
21A-CT-2103
Civil tort. Affirms the denial of father Charles Ramey and Jordan McHenry’s joint motion for judgment on the evidence and motion to correct error, filed after a jury ruled in favor of mother Ashley Ping and awarded her damages on her complaint alleging Ramey and McHenry filed a false report of child abuse against her. Finds the Johnson Superior Court did not err when it interpreted the false reporting statute and, as such, did not err when it instructed the jury. Also finds Ping presented sufficient evidence to negate the statutory presumption of good faith and qualified immunity and to support the jury’s award of punitive damages. Finally, finds Ping was not precluded from bringing the instant lawsuit under either the principle of res judicata or under the terms of a release agreement. 

Court of Appeals of Indiana

In the Matter of R.A.M.O, Child in Need of Services, D.F., Mother, v. Indiana Department of Child Services
21A-JC-1873
Juvenile CHINS. Affirms the Johnson Circuit Court’s determination that R.A.M.O is a child in need of services. Finds the trial court did not abuse its discretion by resetting the factfinding hearing beyond the 120-day time limit established in Indiana Code section 31-34-11-1(b). Rejects mother’s claims that the juvenile court’s decision to continue the matter violated her right to due process and that she was denied the effective assistance of counsel.