Opinions

The following 7th Circuit Court of appeals opinion was posted after IL deadline Tuesday.
Donald Fessenden v. Reliance Standard Life Insurance Company and Oracle USA, Inc., Group Long Term Disability Plan  
18-1346
Appeal from the United States District Court for the Northern District of Indiana, South Bend Division. Judge Philip P. Simon.
Civil. Vacates the Northern District Court’s summary judgment determination in favor of Reliance Standard Life Insurance Company and remands for proceedings consistent with the opinion. Holds that the “substantial compliance” exception does not apply to missed deadlines. Finds that because Reliance violated a hard‐and‐fast obligation, its late decision to deny Fessenden benefits is not entitled to deference.

7th Circuit Court of Appeals 
SelectSun GmbH v. Porter, Inc., d/b/a Thunderbird Products
18-3149
Appeal from the United States District Court for the Northern District of Indiana, Fort Wayne Division. Chief Judge Theresa L. Springmann.
Civil. Affirms the Northern District Court’s judgement against SelectSun GmbH in its contract and warranty dispute over whether the exhaust system on a $1 million yacht manufactured by Porter, Inc. complied with particular regulatory requirements imposed by the European Union. Finds SunSelect did not meet its burden of proving damages to a reasonable certainty on either its breach of contract or warranty claims. Also finds SelectSun failed to carry its burden in demanding a return of the yacht’s entire purchase price.

Indiana Court of Appeals
Raul Ibarra Serrano v. State of Indiana (mem. dec.)
18A-CR-2808
Criminal. Affirms Raul Serrano’s convictions for Level 4 felony burglary and Level 6 felony theft. Finds there is sufficient evidence to support the convictions.

Indiana Court of Appeals 

In the Matter of the Termination of the Parent-Child Relationship of: A.B. (Minor Child), and C.B. (Mother) v. Indiana Department of Child Services
18A-JT-3110.
Juvenile termination of parental rights. Reverses the Tippecanoe Superior Court’s termination of C.B.’s parent-child relationship with her daughter, A.B. Finds there is insufficient evidence to prove that the conditions resulting in the placement of A.B. outside mother’s custody will not be remedied, that the continuation of the parent-child relationship poses a threat to A.B.’s well-being, and that the termination of the parent-child relationship is in A.B’s best interest. Remands for further proceedings. 

Indiana Court of Appeals
James E. Martin, Jr. v. State of Indiana
18A-CR-2726
Criminal. Affirms the Vanderburgh Circuit Court’s issuance of a restitution order in the amount of $2,000 after James Martin Jr. pleaded guilty to Level 6 felony auto theft. Finds the restitution order is within the range of evidence presented as to the stolen vehicle’s pre-theft value and that there is sufficient evidence to support the order.

Indiana Court of Appeals
Golden Corral Corporation v. Kristina M. Lenart
18A-CT-704
Civil tort. Affirms the Clark Circuit Court’s award of $240,000 in damages on Kristina Lenart’s claim for negligence against Golden Corral Corporation for her claim of food poisoning. Finds the trial court did not abuse its discretion in allowing Dr. Julie Hutchinson to testify as an expert witness on Lenart’s behalf; in denying Golden Corral’s motion for judgment on the evidence; or by instructing the jury on spoliation and res ipsa loquitur. Also finds the trial court did not err in concluding Lenart’s claim was not governed by the Indiana Products Liability Act.

7th Circuit Court of Appeals
Catherine Wanko v. Board of Trustees of Indiana University
18-2767
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Tanya Walton Pratt.
Civil. Affirms the Southern District’s grant of summary judgment to Indiana University on Catherine Wanko’s Title VI racial discrimination claim. Finds Wanko was unable to show a sufficient comparator for her discrimination claim and that the district court did not abuse its discretion in resolving the case’s discovery disputes.

Indiana Supreme Court
In the Matter of Hilary Bowe Ricks
18S-DI-574
Attorney discipline. Suspends Hilary Bowe Ricks for at least two years without automatic reinstatement, effectively immediately. Finds Ricks violated Indiana Rules of Professional Conduct 1.3, 1.4(a)(3), 1.4(a)(4), 1.4(b), 1.16(d), 8.1(b) and 8.4(d) by neglecting clients’ cases and failing to cooperate with the disciplinary process. Justices Steven David and Geoffrey Slaughter concur and dissent in part without separate opinion, believing Ricks should be disbarred.

Indiana Court of Appeals
Flatrock River Lodge v. Morris Stout and Tonia Sue Stout
18A-CC-1919
Civil Collection. Reverses the Rush Circuit Court’s order denying Flatrock’s motion to execute its judgment lien on Morris Stout’s interest in 46 acres of real estate previously owned by second-generation owner Stout and third-generation owner Tonia, as joint tenants with right of survivorship. Finds that the appeal is not mooted by Morris’ death and that the real estate is not exempt from execution on the judgment lien.

Indiana Court of Appeals
Bryce A. Burton v. Martin Benner and Indiana State Police
19A-CT-135
Civil tort. Reverses the Benton Circuit Court’s grant of partial summary judgment in favor of Indiana State Police Trooper Martin Benner in Bryce A. Burton’s lawsuit arising from a personal injury motorcycle crash. Finds the trial court erred by finding as a matter of law that Benner was acting within the scope of his employment at the time of the crash. Remands for proceedings.

Indiana Court of Appeals
Cody A. Stinson v. State of Indiana
18A-CR-2925
Criminal. Affirms Cody Stinson’s conviction of Level 1 felony attempted murder, Level 5 felony battery with a deadly weapon and his adjudication as a habitual offender. Finds the Allen Superior Court did not abuse its discretion in admitting statements under the excited utterance exception to the rule against hearsay. Also finds the trial court did not abuse its discretion when it allowed the state to ask the victim leading questions during direct examination.

Indiana Court of Appeals 
Levon E. Coleman v. State of Indiana (mem. dec.)
18A-CR-2784
Criminal. Affirms Levon Coleman’s convictions of three counts of Level 6 felony fraud. Finds the Hamilton Superior Court did not abuse its discretion when it denied Coleman’s motion for a mistrial. Also finds there is sufficient evidence to support the conviction. 

Indiana Court of Appeals
Charles E. Bayne III v. State of Indiana (mem. dec.)
18A-CR-1290
Criminal. Affirms Charles E. Bayne III’s conviction of Level 2 felony voluntary manslaughter. Finds there is sufficient evidence to support Bayne’s conviction and to negate his claim of self-defense. Finds that even if the Lake Superior Court erroneously believed that Bayne’s firearm enhancement was non-suspendible, the same sentence would be imposed even if it believed that the enhancement was suspendible.

7th Circuit Court of Appeals 
United States of America v. Charles D. St. Clair
18-1933
Appeal from the U.S. District Court for the Northern District of Indiana, Fort Wayne Division. Chief Judge Theresa L. Springmann. 
Criminal. Affirms Charles St. Clair’s sentence that included 17 discretionary conditions placed on his supervised release. Finds St. Clair waived his right to challenge because he told the district court at his revocation hearing that he had received prior notice of the proposed conditions and discussed them with his counsel, and that he had no objections or questions about the conditions. 

The following 7th Circuit Court opinions were posted after IL deadline Wednesday.
USA v. John Buncich
18-1216
Appeal from the United States District Court for the Northern District of Indiana, Hammond Division. Judge James T. Moody.
Criminal. Reverses former Lake County Sheriff John Buncich’s convictions for three counts of wire fraud, but affirms two counts. Finds the Northern District Court’s error in the admission of the Rule 404(b) evidence is harmless. Remands for resentencing.

The following opinions were posted after IL deadline Tuesday
7th Circuit Court of Appeals
Paula Casillas v. Madison Avenue Associates, Inc
17-3162
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge William T. Lawrence.
Civil. Affirms the Southern District Court’s dismissal of Paula Casillas’ proposed class action alleging that Madison Avenue Associates, Inc. violated the Fair Debt Collection Practices Act by failing to inform Casillas that she must communicate in writing to trigger the statutory protections for verifying a debt. Finds that because Madison’s violation of the statute did not harm Casillas, no injury exists for a federal court to redress. Chief Judge Diane Wood and Circuit Judges Ilana Rovner and David Hamilton dissent from the denial of en banc rehearing of the ruling that creates a circuit split in conflict with a 6th Circuit ruling.

The following opinions were posted after IL deadline Monday.
7th Circuit Court of Appeals
Common Cause Indiana et al. v. Marion County Election Board
18-2735
Appeal from the U.S. District Court for the Southern District of Indiana, Indianapolis Division. Judge Sarah Evans Barker.
Civil. Vacates the consent decree that expanded the number of in-person early voting sites in Marion County. Finds both sides sought the same relief, a vacatur of the consent decree, after a shift in the county’s voting scheme replaced the precinct-based structure with a voting center plan. Remands to the district court with instructions to dismiss the case.  

Indiana Supreme Court
State of Indiana v. Ernesto Ruiz
19S-CR-336
Criminal. Grants transfer and affirms the grant of Ernesto Ruiz’s motion to suppress statements he made to police before being provided with his Miranda warnings. Finds there is substantial, probative evidence that Ruiz was in custody. Justice Mark Massa concurs in result without separate opinion. Justice Geoffrey Slaughter dissents, believing transfer should be denied, without separate opinion.

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.