Articles

Opinions March 13, 2020

7th Circuit Court of Appeals
United States of America v. Hamza Dridi, a/k/a Alex
18-3334
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge William Lawrence.
Criminal. Affirms Hamza Dridi’s six-year prison sentence for charges of conspiring to violate the Racketeer Influenced and Corrupt Organizations Act and interstate transportation of stolen property, but reverses his $1,811,679.25 restitution order. Finds the Indiana Southern District Court erred both by not making specific factual findings prior to sentencing Dridi and by not adequately demarcating the scheme before imposing in restitution. Also finds only the second error affected Dridi’s substantial rights. Vacates the restitution order and remands the issue of restitution for further proceedings consistent.

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Opinions March 12, 2020

Indiana Court of Appeals
Name Change Of: R.E.
19A-MI-02562
Miscellaneous. Reverses and remands the Newton Circuit Court’s demand that R.E. publish his petition to change his name in a local newspaper; litigate the petition in open court; and submit medical evidence to show that R.E. had actually undergone a physical sex change. Finds the trial court obstructed the timely disposition of R.E.’s petition and placed evidentiary burdens upon R.E. that were unjustified and contrary to law. Remands with instructions that the trial court grant R.E.’s petition without further delay.

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Opinions March 11, 2020

The following opinions were posted after IL deadline Tuesday.
7th Circuit Court of Appeals
USA v. Monique Bowling
19-2110
Appeal from the United States District Court for the Northern District of Indiana, Hammond Division. Judge Philip P. Simon.
Criminal. Affirms Monique Bowling’s 63-month sentence for conviction of theft from a local government that received federal funds under 18 U.S.C. § 666(a)(1)(A). Finds the federal funds element was met when the parties stipulated that the City of Gary received more than $10,000 in federal benefits in a one-year period. Also finds no error in admitting testimony under Rule 404(b) and that the district court’s finding that Bowling deliberately exaggerated her mental health symptoms and remained mute to unnecessarily delay the proceedings does not need to be disturbed.

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Opinions March 10, 2020

Indiana Court of Appeals
Larry Mickow v. AAA Insurance MemberSelect Insurance Company (mem. dec.)
19A-CT-1546
Civil tort. Affirms the Lake Superior Court’s grant of summary judgment in favor of MemberSelect Insurance Company against Larry Mickow. Finds that because no factual dispute exists as to whether MemberSelect breached its duty of good faith and fair dealing, the trial court properly granted summary judgment on Mickow’s bad faith claim. Also finds it properly granted summary judgment in favor of MemberSelect on his breach of contract claim.

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Opinions March 9, 2020

7th Circuit Court of Appeals
Robert Holleman v. Dushan Zatecky
19-1326
Appeal from the United States District Court for the Southern District of Indiana, Terre Haute Division. Judge James R. Sweeney II.
Civil. Affirms the Southern District Court’s grant of summary judgment to Zatecky in response to Robert Holleman’s First Amendment lawsuit after his transfer from Pendleton Correctional Facility. Despite Holleman’s multitudinous lawsuits, grievances, and an interview he provided to a local newspaper about the conditions at Pendleton, finds his transfer was not retaliation.

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Opinions March 6, 2020

Indiana Court of Appeals
Aaron B. Hoskins v. State of Indiana
19A-CR-2387
Criminal. Dismisses Aaron Hoskins’ appeal of his Level 6 felony conviction for unlawful possession of a syringe and the revocation of his probation. Finds Hoskins’ claim cannot be presented on direct appeal and must instead be presented in a petition for post-conviction relief because he pleaded guilty.

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Opinions March 5, 2020

Indiana Court of Appeals
Madison County Board of Commissioners, Madison County Clerk, Madison County Auditor, and Madison County Election Board v. Kevin M. Sipe and Wesley T. Likens
20A-PL-51
Civil plenary. Reverses the Madison Circuit Court’s entry of a preliminary injunction requested by Kevin Sipe and Wesley Likens, who sought to enjoin the enforcement of a redistricting ordinance enacted by the Madison County Board of Commissioners before the 2020 elections. Finds the ordinance does not run afoul of the redistricting statute. Also finds Sipe and Likens cannot prevail on the merits of their case. Finally, finds the trial court erred in granting the preliminary injunction. Remands for proceedings consistent with the opinion.

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Opinions March 4, 2020

7th Circuit Court of Appeals
Ralph Oliver v. United States of America and Ryan Ross v. United States of America
17-2880 and 17-2902
Appeals from the United States District Court for the Northern District of Indiana, Hammond Division. Senior Judge Joseph S. Van Bokkelen.
Affirms the denial of Ralph Oliver’s and Ryan Ross’ motions to vacate their firearms convictions under 18 U.S.C. § 924(c). Finds express collateral-attack waivers in the defendants’ plea agreements are valid and bar their challenges to their convictions and sentences.

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Opinions March 3, 2020

Indiana Supreme Court
Bryce A. Burton v. Martin Benner and Indiana State Police
19S-CT-549
Civil tort. Affirms as proper the Benton Circuit Court’s grant of summary judgment in favor of Indiana State Police Trooper Martin Benner against motorcyclist Bryce Burton. Finds that, although there is some evidence that Benner was not in strict compliance with state police policy at the time of the accident, it was not enough to place him “clearly outside” the scope of his employment.

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Opinions March 2, 2020

Indiana Supreme Court
Bradley A. Estabrook v. Mazak Corporation
19S-CQ-590
Certified question. Holds that Indiana Code § 34-20-3-1(b) is a statute of repose that cannot be extended by a manufacturer’s post-delivery repair, refurbishment or reconstruction of the disputed product. Finds the Indiana Legislature wrote “or” but meant “and” in the conjunction separating the accrual and repose provisions.

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Opinions Feb. 28, 2020

Indiana Court of Appeals
Flavia Rasheed v. Rocky Rasheed
19A-DC-1722
Domestic relation with children. Reverses the Marion Superior Court’s award of joint legal custody between Flavia and Rocky Rasheed. Finds the trial court erred. Remands for an entry of a modified decree of dissolution providing that Mother have sole legal custody.

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Opinions Feb. 27, 2020

Indiana Court of Appeals
Kosciusko County Community Fair Inc. v. Mary Clemens, et al.
19A-PL-02306
Civil plenary. Affirms the Kosciusko Circuit Court’s order finding a restrictive covenant related to motorized racing is enforceable on property owned by Kosciusko County Community Fair, Inc. Finds the fair’s claims on appeal are meritless, and concludes an award of damages, including appellate attorney fees, is appropriate. Remands for a determination of damages pursuant to Ind. Appellate Rule 66(E).

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Opinions Feb. 25, 2020

Indiana Court of Appeals
Property MD’s Home Improvement, LLC v. Anthony Grayson and Horizon Bank, N.A. (mem. dec.)
19A-PL-1764
Civil plenary. Affirms the Porter Superior Court’s denial of Property MD’s Home Improvement’s motion to correct error. Finds Property MD’s cited no legal authority in its disjointed argument regarding damages. Finds its argument regarding interest and attorney fees wholly fails to establish that its lien was valid.

 

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Opinions Feb. 24, 2020

Indiana Court of Appeals
Sue Williams, Linda Wood, and Claude-Wood, as the Co-Personal Representatives of the Estate of Rachel A. Wood, Deceased v. Indiana Department of Correction, Corizon, Inc., et al.
19A-CT-1832
Civil tort. Affirms in part the Marion Superior Court’s entry of summary judgment to Corizon, Inc. nurses Tina Icenogle and Mary Grimes in a suit brought by the estate of Rachel Wood, who died while an inmate at the Indiana Department of Correction. However, holds the designated evidence readily demonstrates genuine issues of material fact on the estate’s claims of deliberate indifference. Reverses the entry of summary judgment for the remaining Corizon medical employees, for Corizon and for the DOC, which failed to discover Wood’s facially inconsistent medical records, her nonexistent treatment plans, or Corizon’s “completely and totally inadequate” medical settings. Remands for proceedings.

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Opinions Feb. 21, 2020

Indiana Court of Appeals
Jarmone Darrell Davis v. State of Indiana
19A-CR01925
Criminal. Affirms and reverses in part Jarmone Davis’ convictions of Level 5 felony corrupt business influence, Level 2 felony conspiracy to commit dealing in a narcotic drug of 10 grams or more and Level 2 felony conspiracy to commit dealing in methamphetamine of at least 10 grams or more, and his 36-year executed sentence. Finds sufficient evidence to sustain Davis’ conspiracy convictions, and finds those convictions do not violate double jeopardy principles under the actual evidence test. However, finds inappropriate and thus reverses Davis’ consecutive sentences for his Level 2 felony conspiracy to commit dealing convictions. Remands to the Tippecanoe Superior Court to issue a new sentencing order consistent with the opinion.

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Opinions Feb. 20, 2020

Indiana Court of Appeals
Jason Pfledderer and Walking With Jesus Ministries v. DeParris Pratt
19A-SC-1723
Small claims. Reverses the judgment of the St. Joseph Superior small claims court in favor of DeParris Pratt on his claim of wrongful ejectment against Jason Pfledderer and Walking With Jesus Ministries after Pratt was barred from continuing to live in a ministry-operated residence. Holds the ministry falls under an exception to Indiana’s landlord-tenant statutes. Remands with instructions to enter judgment for Pfledderer and the ministry.

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Opinions Feb. 19, 2020

The following 7th Circuit Court of Appeals opinion was posted after IL Deadline Tuesday.
United States of America v. Marvin Cates
19-1042
Appeal from the United States District Court for the Northern District of Indiana, South Bend Division. Senior Judge Robert L. Miller Jr.
Criminal. Affirms the denial of Marvin Cates’ motion to withdraw his guilty plea to possession a firearm with a prior felony conviction on the basis of ineffective assistance of counsel. Finds the record contains insufficient evidence to support Cates’ ineffective-assistance claim on direct appeal.

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Opinions Feb. 17, 2020

Indiana Supreme Court
Collins Asset Group, LLC v. Alkhemer Alialy|
19S-CC-531
Civil collection. Reverses and remands the Hamilton Superior Court’s dismissal of a complaint brought by Collins Asset Group LLC for missed payments on a promissory note entered into by Alkhemer Alialy. Finds that CAG can assert its claim under either Ind. Code § 34-11-2-9 (2019) or § 26-1-3.1-118(a) (2019).

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