Opinions

Indiana Supreme Court
Jennifer Cox v. Evansville Police Department and The City of Evansville; Babi Beyer v. The City of Fort Wayne
18S-CT-447
Civil tort. Affirms denial of summary judgment to Evansville and Fort Wayne on a claim of respondeat superior. Finds that when a police officer’s tortious acts — in this case sexual assault — fall within the scope of employment, the city is liable. Also affirms the trial courts’ grants of summary judgment to the cities on common-carrier theory. Finds the relationships between the cities and the women in these cases do not fall within the common-carrier exception.

The following 7^th Circuit Court of Appeals opinion was posted after Indiana Lawyer deadline Tuesday.

United States of America v. D.D.B.
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Chief Judge Jane Magnus-Stinson.
Criminal. Vacates the waiver of D.D.B. from juvenile to adult court on a robbery charge. Holds that attempted robbery does not satisfy the juvenile waiver requirement of a prior adjudication for a violent crime, because the Indiana attempted robbery statute does not include an intent element. Remands for proceedings.

The following 7th Circuit Court of Appeals opinion was posted after Indiana Lawyer deadline Monday.
Berry Plastics Corporation v. Illinois National Insurance Company
17-1815
Appeal from the United States District Court for the Southern District of Indiana, Evansville Division. Judge Richard L. Young.
Civil. Affirms the entry of summary judgment for Illinois National on Berry Plastics’ suit seeking indemnity from a $7.2 million jury damages award to a customer to whom Berry supplied defective laminate material used in the manufacture of products that later failed. Finds Berry failed to show that some portion of the lost profits theoretically might be attributable to property damage.

Indiana Court of Appeals
Jeremy Schmitt v. State of Indiana
83A04-1711-CR-2720
Criminal. Reverses the Vermillion Circuit Court’s denial of Jeremy Schmitt’s petition to modify his 50-year sentence for Class A felony conspiracy to commit murder. Finds prosecutorial consent was not required for Schmitt’s petition filed after 2015. Also finds that petitions filed for modification do not count toward the two petitions a petitioner can file without prosecutorial consent under the 2015 amendment made to Indiana Code section 35-38-1-17. Remands for the trial court to review Schmitt’s petition based on its merits, not for abuse of discretion.

Indiana Court of Appeals
In re the Termination of the Parent-Child Relationship of J.K., B.K., and I.R. (Minor Children) and L.R. (Mother) v. Indiana Department of Child Services
18A-JT-529
Juvenile termination. Reverses the Vanderburgh Superior Court’s termination of L.R.’s parental rights. Finds the trial court failed to afford L.R. due process rights under Indiana statute in several, separate instances. Remands for further proceedings.

Indiana Court of Appeals
State of Indiana v. Matthew Stidham
18A02-1701-PC-68
Post-conviction. Reverses the Delaware Circuit Court’s decision to grant Matthew Stidham post-conviction relief. Finds that res judicata precludes Stidham’s claims for post-conviction relief. Also finds that that Stidham did not properly file a modification of his sentence pursuant to Ind. Code § 35-38-1-17(k) and that the post-conviction court lacked authority to modify the sentence. Judge Melissa May concurs with a separate opinion.

7th Circuit Court of Appeals
United States of America v. Daniel Stewart
16-4105
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge William T. Lawrence.
Criminal. Affirms the denial of Daniel Stewart’s motion to suppress evidence discovered in a traffic stop and a confession that led to his convictions of drug trafficking, firearm offenses and money laundering. Finds the district court did not err in the admission of evidence. Also finds there was sufficient evidence to support Stewart’s convictions.

7th Circuit Court 
Ray Haynes v. Indiana University, et al.  
17-2890
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Larry J. McKinney. 
Civil. Affirms the district court’s award of summary judgment to Indiana University. Finds the record does not support an inference that the university denied tenure because of Ray Haynes’ race.

Indiana Court of Appeals
Whitesell Precision Components, Inc. v. Autoform Tool & Manufacturing, LLC
18A-PL-848
Civil plenary. Affirms the Marion Superior Court’s refusal to dissolve a preliminary injunction compelling Whitesell Precision Components to provide automotive component parts to Autoform Tool & Manufacturing, LLC, pending resolution of the merits of litigation between the parties. Finds the trial court did not abuse its discretion in its refusal.

The following 7th Circuit Court Court of Appeals opinion was posted after IL deadline on Wednesday.
Shameca Robertson v. Allied Solutions, LLC
17-3196
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge William T. Lawrence.
Civil. Reverses the district court’s dismissal for lack of jurisdiction of Shameca Robertson’s adverse-action claim. Finds Allied Solutions, LLC failed to follow Fair Credit Reporting Act obligations when it rescinded Robertson’s job offer without furnishing her a copy of that report on which it relied. Concludes Robertson’s alleged injury is concrete and enough to support Article III standing. Remands for further proceedings.

Indiana Supreme Court
In the Matter of Trista A. Hudson
64S00-1705-DI-325
Attorney discipline. Finds Trista Hudson committed attorney misconduct by failing to disclose exculpatory evidence and by prosecuting a charge she knew was not supported by probable cause. Orders Hudson be suspended for at least 18 months without automatic reinstatement.

The following 7th Circuit Court of Appeals opinions were posted after IL deadline on Monday:
United States of America v. Robert E. Stochel
17-3576
Appeal from the United States District Court for the Northern District of Indiana, Hammond Division. Judge James T. Moody.
Criminal. Affirms Robert Stochel’s mail fraud conviction and his two-year sentence. Finds there was sufficient evidence to convict Stochel. Also finds the judge’s sentencing rulings were sound.  

The following 7th Circuit Court of Appeals opinion was posted after IL deadline on Friday:
Linda Rowlands v. United Parcel Service, Inc.
17-3281
Appeal from the United States District Court for the Northern District of Indiana, Fort Wayne Division. Judge Robert L. Miller.
Civil. Reverses and remands. Finds there are genuine disputes of fact that are material to Linda Rowlands’ failure to accommodate and retaliation claims, neither of which were waived. Finds there was sufficient evidence to support the reversal and remand.

The following Supreme Court Opinion was posted after IL deadline on Thursday:
Curtis Boggs v. State of Indiana
18S-CR-430
Criminal. Affirms Curtis Boggs’ conviction of four counts of Level 1 felony child molestation and eight counts of sexual misconduct with a minor. Finds there is sufficient evidence to support his Level 1 felony conviction child molestation.

Indiana Court of Appeals
In Re: The Commitment of D.S.; D.S. v. Indiana University Health Bloomington Hospital
18A-MH-590
Mental health. Reverses and remands the Monroe Circuit Court’s order granting the petition filed by Indiana University Health Bloomington Hospital for D.S.’s regular commitment. Finds there is insufficient evidence to support the claim that D.S. cannot live or function independently outside of a hospital setting. 

The following Indiana Supreme Court opinion was posted after IL deadline on Tuesday:
In the Matter of Michael Jeffries
18S-DI-94
Disciplinary. Suspends Michael Jeffries from the practice of law for a period of not less than three years, without automatic reinstatement, effective Aug. 21. Finds Jeffries committed attorney misconduct by neglecting clients’ cases, maintaining two websites with misleading information, mismanaging his trust account, making false statements to the Indiana Supreme Court Disciplinary Commission and failing to cooperate in the disciplinary process.   

Indiana Court of Appeals
Katelin Eunjoo Seo v. State of Indiana
29A05-1710-CR-2466
Criminal. Reverses the order for Katelin Seo to unlock her iPhone 7 as part of a criminal investigation. Finds compelling Seo to unlock the phone would violate her Fifth Amendment rights against self-incrimination. Remands for further proceedings. Judge Patricia Riley concurs in result without separate opinion. Judge Melissa May dissents with separate opinion. 

Indiana Court of Appeals
A.M. v. State of Indiana 
18A-JV-618
Juvenile. Affirms the placement of then-15-year-old A.M. in the Department of Correction after multiple findings against him. The Kosciusko Superior Court acted within its discretion in modifying A.M.’s placement, and he was not denied his constitutional right to effective assistance of counsel.  

7th Circuit Court of Appeals
Elliott Levin v. William Miller, et al. 
17-1775
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Sarah Evans Barker. 
Civil. Affirms the district court’s grant of summary judgment in favor of three former Irwin Union Bank & Trust Co. executives. Finds the record clearly establishes that on the advice of government regulators and expert outside legal counsel, the board of directors prioritized saving the banks, and the officers had no authority to second-guess the board’s judgment with their own independent investigation.