Opinions

The following 7^th Circuit Court of Appeals opinion was posted after IL Deadline Tuesday:
John Myers v. Ron Neal
19-3158
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge James R. Sweeney II.
Civil. Reverses the order granting John Myers’ petition for a writ of habeas corpus and reinstates his murder conviction in the 2000 death of Indiana University student Jill Behrman. Finds that the district court correctly held that Myers’ counsel was deficient, but determines that deficiency was not prejudicial in light of the strength of the state’s case against Myers separate and apart from those errors.

Indiana Supreme Court
State of Indiana v. Samuel E. Vande Brake
20S-CR-499
Criminal. Affirms the Tippecanoe Superior Court’s dismissal of the State of Indiana’s firearm enhancement sought against Samuel Vande Brake. Finds the state failed to meet its burden to show that the trial court’s implied finding of waiver and subsequent sua sponte dismissal of the firearm enhancement were contrary to law.

7^th Circuit Court of Appeals
In re: RYZE Claims Solutions, LLC
19-2930
Petition for writ of mandamus from the U.S. District Court for the Southern District of Indiana, Indianapolis Division. Chief Judge Jane Magnus-Stinson.
Civil. Grants RYZE Claims Solutions LLC’s petition for a writ of mandamus directing the Indiana Southern District Court to request that the Eastern District of California transfer RYZE’s action back to the Southern District of Indiana. Finds the district court deviated substantially from the methodological course of decision‐making mandated by the Supreme Court of the United States. Also finds this is not the exceptional or unusual case that would justify giving controlling weight to factors other than the forum‐selection clause.

Indiana Court of Appeals
Shawn G. Willet v. State of Indiana
19A-CR-2699
Criminal. Affirms the Elkhart Superior Court’s denial of Shawn Willet’s pro se “motion to dismiss sentence time served,” finding that Willet’s sentence for conviction of three counts of Class B felony sexual misconduct with a minor has not expired. Majority judges Margret Robb and Melissa May hold that Willet’s motion is treated as a petition for writ of habeas corpus. Judge Nancy Vaidik concurs in result with a separate opinion, but holds that the petition should be treated as a petition for post-conviction relief.

Indiana Court of Appeals
Michael Scott Parker v. State of Indiana
20A-CR-315
Criminal. Affirms Michael Parker’s conviction for Level 3 felony dealing in methamphetamine and Class C misdemeanor operating a motor vehicle without ever receiving a license. Finds the Tippecanoe Superior Court did not abuse its discretion in admitting certain Facebook messages.

Indiana Court of Appeals
In the Adoption of K.H., D.R. v. M.M. and C.M.
20A-AD-337
Affirms the Vanderburgh Superior Court’s adoption decree. Holds that biological father D.R. has not met his burden to overcome the presumption the trial court’s decision is correct or that the evidence leads to but one conclusion and the trial court reached the opposite conclusion.

Indiana Court of Appeals
Sanders Kennels, Inc. v. Gary Lane
20A-CC-675
Civil collection. Affirms the Marion Superior Court’s denial of Sanders Kennels Inc.’s motion for relief from judgment against Gary Lane, who sued Sanders Kennels for breach of contract, fraud, theft and conversion. Concludes that the trial court had specific personal jurisdiction over Sanders Kennels as matter of law, and therefore Sanders Kennels has failed to establish that the trial court erred in denying its motion to dismiss. Also finds that the trial court did not abuse its discretion in denying his motion to correct error.

Indiana Court of Appeals
ShermansTravel Media, LLC v. Gen3Ventures, LLC
19A-PL-3024
Civil plenary. Reverses the Marion Superior Court’s grant of summary judgment in favor of Gen3Ventures, LLC against ShermansTravel Media, LLC. Finds the question of whether Shermans substantially performed its obligations under the parties’ settlement agreement is a disputed issue of material fact. Remands for further proceedings. Judge Elaine Brown concurs with a separate opinion. Judge Terry Crone dissents with a separate opinion.

Indiana Court of Appeals
In re the Termination of the Parent-Child Relationship of A.E. (Minor Child) and K.E. (Mother) v. Indiana Department of Child Services (mem. dec.)
20A-JT-109
Juvenile termination. Affirms the termination of K.E.’s parental rights to her minor child, A.E. Finds the Department of Child Services made reasonable efforts to reunify mother and A.E. Therefore, mother has not established that her due process rights were violated. Also finds the Marion Superior Court order terminating mother’s parental rights is supported by clear and convincing evidence.

Indiana Court of Appeals
Jessica M. Skeens v. State of Indiana
19A-CR-02475
Criminal. Affirms Jessica Skeens’ 41-year sentence for conviction of Level 1 felony neglect of a dependent resulting in death, three counts of Level 6 felony neglect of a dependent, and Class B misdemeanor marijuana possession. Finds, among other things, no abuse of discretion in the Delaware Superior Court’s instruction to the jury on causation. Finds Skeens’ sentence is not inappropriate in light of the nature of the offenses and her character.

Indiana Court of Appeals
Delaware County Regional Wastewater District v. Muncie Sanitary District, et al.
19A-EX-2964
Agency. Affirms the Indiana Utility Regulatory Commission’s approval of a Muncie city ordinance giving the Muncie Sanitary District an exclusive license to provide sewer service to customers in unincorporated areas within four miles of the city’s municipal corporate boundaries. Finds that under Indiana Code § 8-1.5-6, the IURC had the jurisdiction and authority to approve the ordinance, so its order was not contrary to law.

Indiana Court of Appeals
Centennial Park, LLC v. Highland Park Estates, LLC
20A-PL-467
Civil plenary. Affirms the Monroe Circuit Court’s denial of Centennial Park LLC’s motion for relief from the trial court’s injunction preventing Centennial from using an easement over a lot it purchased in the Highland Park subdivision for a construction and access road. Finds the vacation of a nuisance covenant did not change circumstances such that it would be inequitable to enforce the injunction prospectively. Also finds that because the record supports a conclusion that the access road would be a nuisance with or without the covenant, Centennial Park has failed to establish that the trial court abused its discretion in denying its motion for relief from judgment.

Indiana Court of Appeals
Santos Cortez, et al. v. Indiana University Health, Inc., et al.
19A-CT-02540
Civil tort. Affirms dismissal of a lawsuit in Marion Superior Court alleging IU Health employees falsified Santos Cortez’s medical records in a medical malpractice complaint that was settled. Holds that claims regarding the alleged alteration of Cortez’s medical records fall within the scope of the Medical Malpractice Act and therefore should have been first submitted to a medical review panel.

Indiana Court of Appeals
Nicholas David McHenry v. State of Indiana
19A-CR-02460
Criminal. Affirms Nicholas McHenry’s aggregate 24-year sentence for his convictions of two counts of Level 4 felony child molesting. Declines the state’s request to dismiss McHenry’s appeal because his plea agreement allowed him to appeal his sentence following an open plea, and the plea agreement left sentencing entirely to the trial court’s discretion. Finds that McHenry’s sentence is not inappropriate given the nature of his offense and his character, particularly in light of McHenry’s continuing acts of criminal sexual behavior.

The following 7^th Circuit Court of Appeals opinions were posted after IL deadline on Wednesday:
Leif Hinterberger, et al. v. City of Indianapolis
19-3365
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Senior Judge Sarah Evans Barker.
Civil. Affirms the rejection of Leif Hinterberger’s statement of facts for violation the district court’s rulings governing summary judgment practice, and the entry of summary judgment against Hinterberger. Finds the district court did not abuse its discretion in striking Hinterberger’s statement because it did not comply with Local Rule 56-1, nor did it err in entering summary judgment against him on each of his claims.

The following 7th Circuit Court of Appeals opinion was posted after IL deadline on Tuesday.
USA v. Nehemiah Felders
19-2867
Appeal from the United States District Court for the Northern District of Indiana, South Bend Division. Judge Robert L. Miller, Jr.
Criminal. Affirms, per curiam, a jury’s conviction of Nehemiah Felders for unlawful possession of a firearm and his 96-month sentence. Finds the record is silent about what was on the card a police officer read to Felders, of which the officer asserted was Felder’s Miranda warnings. Finds that on a silent record Felders cannot show that any error occurred — not when the warnings were read, not in the district court.

The following 7^th Circuit Court of Appeals opinions were posted after IL deadline on Monday:
Raymond Marling v. Richard Brown
19-3077
Appeal from the United States District Court for the Southern District of Indiana, Terre Haute Division. Judge James R. Sweeney II.
Civil. Reverses the Southern District Court’s grant of habeas corpus relief to Raymond Marling, and its conclusion that the state court’s finding against him had been rebutted by clear and convincing evidence. Finds the officer who opened and inventoried the contents of a box found in Marling’s vehicle acted within the scope of discretion granted by General Order 49. Also finds that Marling’s counsel did not violate the Sixth Amendment.

The following 7^th Circuit Court opinions were posted after IL Deadline Friday and Sunday:
Earlene Branch Peterson v. William P. Barr
20-2252
Appeal from the United States District Court for the Southern District of Indiana, Terre Haute Division. Chief Judge Jane Magnus-Stinson.
Civil. Vacates the preliminary injunction issued by the Southern District Court halting the federal execution of Daniel Lee. Finds the plaintiffs’ APA claim lacks any arguable legal basis and is therefore frivolous. Also finds section 16-90-502(e)(1) of the Arkansas Code is irrelevant to the case at hand and that the district court judge was wrong to insert it into the case.

The following Indiana Supreme Court opinion was posted after IL deadline Thursday:
Tammi Clark, as personal representative of the Estate of Kandace Pyles, deceased v. Samer Mattar, M.D.
20S-CT-109
Civil tort. Affirms the Indiana Court of Appeals’ reversal and remand for a new trial for Tammi Clark against Dr. Samer Matter. Finds that an unwilling juror should have been struck for cause in Marion Superior Court and that there was prejudice because Clark was forced to exhaust her last peremptory challenge and accept an objectionable juror. Justice Mark Massa concurs in part, dissents in part. Justice Geoffrey Slaughter dissents.

The following 7^th Circuit Court of Appeals opinion was posted after IL deadline Wednesday:
C.Y. Wholesale, Inc., et al. v. Eric Holcomb, et al.
19-3034
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Senior Judge Sarah Evans Barker.
Civil. Vacates the injunction prohibiting the state of Indiana from enforcing its criminal prohibition on the manufacture, delivery or possession of smokable hemp under Indiana Code § 35-48-3-10.1. Finds the district court’s injunction swept too broadly. Remands for proceedings.