Opinions

7th Circuit Court of Appeals
USA v. Devan Pierson 18-1112
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge James E. Shadid of the Central District of Illinois, sitting by designation.
Criminal. Affirms Devan Pierson’s life sentence and conviction for possessing drugs with intent to distribute and two related firearm crimes. Finds Pierson’s sentence was imposed within the meaning of Section § 401(c) of the First Step Act when the district court sentenced him, regardless of whether he appealed a sentence that was consistent with applicable law at that time it was imposed. Also finds Pierson’s Apprendi argument is foreclosed by Supreme Court precedent and finds no prejudice that would authorize an appellate court to find a reversible plain error in the absence of a timely objection in the district court.

7th Circuit Court of Appeals
Brian Weil v. Metal Technologies, Inc.
18-2440, 18-2556
Appeal from the United States District Court for the Southern District of Indiana, Terre Haute Division. Chief Judge Jane Magnus-Stinson.
Civil. Affirms in part the Southern District Court’s decertification order of Brain Weil and Melissa Fulk’s time-rounding claims against Metal Technologies, Inc. However, vacates in part the district court’s judgment on their wage-deduction claims and remands the case for the lower court to reconsider those claims in light of Indiana Code 22-2-6-3(b).

The following Indiana Supreme Court opinion was posted after IL deadline on Tuesday.
Anthony Bedolla v. State of Indiana
19S-PC-328
Post conviction. Reverses the Marion Superior post-conviction court’s order denying Anthony Bedolla’s motion to correct error. Remands for proceedings consistent with the opinion. Justice Geoffrey Slaughter concurs in part, dissents in part with a separate opinion.

Indiana Court of Appeals
Gary Police Civil Service Commission v. City of Gary
18A-MI-540
Miscellaneous. Affirms the Lake Circuit Court’s reversal of the Gary Police Civil Service Commission’s order for the city of Gary to reinstate Reserve Officer Lamarquist Pritchett. Finds the trial court did not commit reversible error in declining to defer to the commission’s findings. Also finds the trial court did not err in concluding the commission’s ruling was arbitrary and capricious because it was issued in disregard of the undisputed facts and circumstances. 

Indiana Court of Appeals 
In the Matter of the Involuntary Termination of the Parent-Child Relationship of: J.M. and E.M. (Minor Children), and J.K. (Mother) v. Indiana Department of Child Services (mem. dec.)
18A-JT-2868
Juvenile termination of parental rights. Affirms the termination of J.K.’s parental rights to two of her minor children, J.M. and E.M. Finds there is sufficient evidence to support the termination.

The following opinions were posted after IL deadline Wednesday.
7th Circuit Court of Appeals
Barrington Music Products, Inc v. Music & Arts Center
18-2945
Appeal from the United States District Court for the Northern District of Indiana, South Bend Division. Judge Robert L. Miller, Jr.
Civil. Affirms the Northern District Court’s denial of Barrington Music Products, Inc.’s Rule 59(e) motion to amend a prior award of damages in its favor stemming from sales made through Guitar Center stores to include sales from Music & Arts Centers and Woodwind & Brasswind Inc. of products using the trademark “Ventus.” Finds no reason to conclude the jury’s determination would be different if it were aware that Music & Arts and Woodwind are divisions of Guitar Center, not distinct corporations.

Indiana Court of Appeals
City of New Albany v. Board of Commissioners of the County of Floyd, New Albany Floyd County Indiana Building Authority
18A-MI-1627
Miscellaneous. Reverses the Floyd Superior Court’s entry of judgment in favor of Floyd County against the New Albany Floyd County Indiana Building Authority and the City of New Albany. Finds the Building Authority lacked the statutory authority to agree to a turn-over provision in the 1992 lease, making it void. However, finds the county can still exercise a purchase option pursuant to the lease. Remands with instructions for the trial court to vacate the order granting title to the Criminal Justice Center in the County. Judge Elaine B. Brown concurs in part and dissent in part in a separate opinion.

Indiana Court of Appeals
In the Matter of the Termination of the Parent-Child Relationship of: L.S. (Minor Child), and A.S. (Mother) v. The Indiana Department of Child Services
18A-JT-2881
Juvenile termination of parental rights. Affirms the termination of A.S.’s parent-child relationship with L.S. Finds the Union Circuit Court did not commit reversible error in the admission of evidence. Also finds the evidence was sufficient.

Indiana Court of Appeals
Christian Morris v. State of Indiana (mem. dec.)
18A-CR-2414
Criminal. Affirms Christian Morris’ conviction of Level 6 felony domestic battery and Class A misdemeanor criminal trespass. Finds there is sufficient evidence to support the convictions.

Indiana Court of Appeals
Jasmine McCoy v. State of Indiana (mem. dec.)
18A-CR-2789 
Criminal. Affirms Jasmine McCoy’s conviction of Class A misdemeanor battery, finding the evidence before Marion Superior Court was sufficient.

Indiana Supreme Court
In the Matter of Mandate of Funds for the Lake Superior Court; Lake County Council and Lake County Auditor v. The Hon. John R. Pera, et al.,
18S-CB-442
Court business. Affirms Special Judge W. Tobin McClamroch’s order that $176,467.17 be awarded to 14 Lake Superior judges to pay for attorney fees and expenses incurred against the Lake County Council and the Lake County Auditor. Finds substantial evidence supports the monetary award to the judges and that the special judge did not abuse his discretion.

The following 7th Circuit Court opinions were posted after IL deadline Tuesday.
Anthony Gant v. Daniel Hartman
18-1287
Appeal from the United States District Court for the Northern District of Indiana, Fort Wayne Division. Chief Judge Theresa L. Springmann.
Civil. Dismisses Daniel Hartman’s appeal of the denial of his motion for summary judgment. Finds the appellate court lacks jurisdiction because Hartman’s appellate argument relies on disputed facts and he has not presented sufficient evidence to “utterly discredit” the district court’s findings.

Indiana Court of Appeals 
Mark Adrian Hughes v. State of Indiana (mem. dec.)
18A-CR-1007
Criminal. Reverses Mark Hughes’ convictions of two counts of Level 5 felony burglary and two counts of Level 6 felony theft, and the finding that he is a habitual offender. Finds nothing “so strikingly similar or unique” about the circumstances of the burglary as to constitute a signature crime. Also finds Hughes’ prior burglary convictions were not admissible to prove identity or plan and served only to establish a propensity to commit burglary. Finally, finds the admission of evidence relating to Hughes’ prior burglary convictions affected his substantial rights. Remands for a new trial. 

The following Indiana Tax Court opinion was posted after IL deadline Friday:
Tell City Boatworks, Inc. v. Indiana Department of State Revenue
18T-TA-4
Tax. Denies in part the Indiana Department of State Revenue’s motion to exclude tax service provider alliantgroup LP’s report,  and/or limit Stacy Little’s testimony on behalf of Tell City Boatworks, Inc. Finds Little may testify only as an expert witness and not a fact witness, and that the Department may conduct additional discovery regarding Little as an expert witness in its litigation against Tell City.

The following 7th Circuit Court of Appeal opinions were posted after IL deadline Thursday.
USA v. Ronnie Cosby
18-2053
Appeal from the United States District Court for the Northern District of Indiana, Hammond Division. Judge Philip Simon.
Criminal. Affirms the Northern District Court’s denial of Ronnie Cosby’s motion for a continuance, motion to suppress, motion for a judgment of acquittal for his conviction of transporting a minor with the intent that she engage in prostitution, and his motion for a mistrial based on a sex trafficking expert’s false testimony. Finds the expert did not testify in dual-capacity as an expert and a fact witness.

The following Indiana Tax Court Opinion was posted after IL deadline Wednesday:
Wigwam Holdings LLC v. Madison County Assessor
18T-TA-15
Tax. Affirms the Indiana Board of Tax Review’s final determination that upheld the assessment of Wigwam Holdings LLC’s real property for the 2015 tax year. Finds Wigwam has not demonstrated that the board’s final determination is arbitrary, capricious, an abuse of discretion, unsupported by substantial evidence or in excess of its statutory authority.

Indiana Court of Appeals
Christopher C. Ferran v. State of Indiana (mem. dec.)
18A-CR-2018
Criminal. Affirms Christopher Ferran’s conviction of Level 5 felony possession of methamphetamine and Class C misdemeanor possession of paraphernalia. Finds the Lawrence Superior Court did not abuse its discretion in admitting a detective’s testimony concerning the identification of pipe residue as meth.

Indiana Court of Appeals 
Kirk S Freeman v. Tricia L Thompson 
18A-SC-2718
Small claims. Affirms the Tippecanoe Superior Court’s dismissal of Lafayette attorney Kirk S. Freeman’s defamation complaint against Tippecanoe Superior Court Magistrate Tricia L. Thompson for failure to state a claim upon which relief can be granted. Finds Thompson was acting within her judicial capacity when she reported Tippecanoe County courthouse law enforcement that Freeman possessed a firearm inside the courthouse in violation of state law and local ordinances and is, thus, immune from Freeman’s allegation that she defamed him in making the report.

Indiana Court of Appeals 
Mark E. Thevenot v. State of Indiana
18A-CR-546
Criminal. Affirms Mark Thevenot’s convictions for Level 5 felony domestic battery and Level 6 felony criminal confinement. Finds the Jefferson Circuit Court did not abuse its discretion in admitting evidence or by permitting the prosecutor to quote caselaw during closing argument. 

Indiana Court of Appeals 
Brandon McGaughey v. State of Indiana (mem. dec.)
18A-CR-1872
Criminal. Affirms Brandon McGaughey’s conviction for Level 5 burglary. Finds he is not entitled to discharge and that there is sufficient evidence to support the conviction. Also finds the Jefferson Superior Court did not err in giving an instruction on accomplice liability.