Opinions

Indiana Court of Appeals
City of Indianapolis v. Bradley T. Maynard (mem. dec.)
49A02-1710-MI-2300
Miscellaneous. Reverses the Marion Superior Court’s entry of default judgment in favor of Bradley Maynard in his action for judicial review from an administrative decision upholding his citation for violating a parking ordinance. Finds Maynard’s action was untimely because he did not tender a summons upon the clerk within the limitations period. Also finds that because Maynard never served a summons when he petitioned for judicial review, the default judgment entered against the City of Indianapolis is void for lack of personal jurisdiction. Remands with instructions for the trial court to vacate its judgment and reinstate the County Board of Ordinance Violation’s decision.

Indiana Court of Appeals 
Timothy Smith v. State of Indiana (mem. dec.)
48A05-1712-CR-2825
Criminal. Affirms the Madison Circuit Court’s revocation of Timothy Smith’s probation and the order for him to serve the balance of his previously suspended sentence in the Department of Correction. Finds the trial court did not err.

Indiana Court of Appeals
Theresa Biedron, et al. v. Anonymous Physician 1, et al.
45A03-1708-CT-2012
Civil tort. Affirms and reverses in part the grant of summary judgment to the anonymous physicians sued by the estate of Louis Biedron, the denial of summary judgment to the physicians sued by the estates of Dorothy Sullivan and Patricia Poteet, the denial of the Sullivan and Poteet defendants’ motion to strike and the grant of Poteet’s estate’s motion to strike the Poteet defendants’ reply briefs. Finds the Lake Superior Court did not err in granting summary judgment to the Biedron defendants, but did err in denying summary judgment to the Sullivan and Poteet defendants. Also finds the trial court abuse its discretion in denying the Sullivan and Poteet defendants’ motion to strike. Finally, finds the trial court abused its discretion in striking the Poteet defendants’ reply briefs. 

Indiana Court of Appeals
In the Termination of the Parent-Child Relationship of: T.H. (Minor Child), and B.H. (Father) and D.A. (Mother) v. Indiana Department of Child Services (mem. dec.)
18A-JT-423
Juvenile termination of parental rights. Affirms the Tippecanoe Superior Court’s termination of B.H. and D.A.’s parental rights. Finds the Indiana Department of Child Services presented sufficient evidence to support the termination of parental rights. 

Indiana Court of Appeals
Jermaine Jackson v. State of Indiana 
49A02-1712-CR-2899
Criminal. Affirms Jermaine Jackson’s conviction for Level 1 felony attempted murder, three counts of Level 6 felony criminal recklessness and Class A misdemeanor carrying a handgun without a license. Finds the Marion Superior Court did not abuse its discretion when it admitted evidence of his prior bad acts. Also finds the admission of evidence did not prejudice Jackson’s substantial rights. 

Indiana Court of Appeals
Michael A. Miller v. State of Indiana
28A01-1712-CR-2918
Criminal. Affirms Michael Miller’s second conviction of attempted murder. Finds the evidence was sufficient to support an inference that Miller acted with the specific intent to kill required to convict him of attempted murder. Also finds the Greene Circuit Court did not abuse its discretion by denying Miller’s motion for a change of judge on remand.

The following 7th Circuit Court opinion was posted after IL deadline on Wednesday.
Nicholas Knopick v. Jayco, Inc.
17-2285
Appeal from the United Stated District Court for the Northern District of Indiana, South Bend Division.
Judge Jon DeGuilio
Civil. Affirms summary judgment for recreational vehicle manufacturer Jayco. Finds the language in the warranty protects the company from having to cover work on vehicles that are purchased by a business, as Nicholas Knopick did when he bought the Jayco on behalf of the company he controlled. Rules the repairs to the Knopicks’ RV were “good will” repairs and did not waive the warranty’s terms.

Indiana Court of Appeals 
Diane Seiwert and 19942 Longview Drive, LLC v. Ty Brown and Brown Roofing Co. (mem. dec.) 
15A01-1707-PL-1616
Civil plenary. Affirms the Dearborn Superior Court’s judgment in favor of Ty Brown and Brown Roofing Company in the amount of $5,531.83. Finds the trial court did not err in finding that Diane Seiwert breached the parties’ contract when she instructed Brown to stop installing gutters on her home before completion and failed to pay for the work. 

Indiana Court of Appeals
In re Termination of the Parent-Child Relationship of: A.R. and E.R. (Minor Children) and W.G. (Mother) v. The Indiana Department of Child Services (mem. dec.)
18A-JT-508
Juvenile termination. Affirms the Wabash Circuit Court’s denial of W.G.’s motion to withdraw her consent to the adoption of her two minor children following the involuntary termination of her parental rights. Finds the juvenile court did not abuse its discretion when it found W.G.’s consent was voluntary and declined to grant her relief. 

Indiana Court of Appeals

In the Matter of: Eq.W., M.W., A.W., S.W., & Ez.W., V.B. (Mother) v. Indiana Department of Child Services
18A-JC-555
Juvenile CHINS. Affirms the Monroe Circuit Court’s adjudication of V.B.’s five minor children as children in need of services. Finds V.B. waived her res judicata argument. Also finds the evidence sufficient for the court’s decision. 

Indiana Court of Appeals
Corey Bullock v. State of Indiana
49A05-1706-CR-1247
Criminal. Affirms Corey Bullock’s 50-year sentence for conviction of Level 1 felony murder and Level 6 felony neglect of a dependent resulting in serious bodily injury. Finds the Marion Superior Court did not enter judgment of conviction after Bullock’s first trial. Finds retrial is not barred if judgment of conviction is erroneously entered on the chronological case summary but then quickly vacated.

7th Circuit Court of  Appeals
Destiny Hoffman v. Susan Knoebel
17-2750
Appeal from the United States District Court for the Southern District of Indiana, New Albany Division. Senior Judge Sarah Evans Barker.
Civil tort. Affirms dismissal of Hoffman’s proposed class action against former Clark County Drug Court Director Susan Knoebel and others for wrongful detentions. Finds that while the plaintiffs’ constitutional rights were violated during their time as participants in the Clark County DTC, plaintiffs cannot overcome the barriers to recovery against the four named defendants.

The following Indiana Supreme Court opinions were posted after IL deadline on Friday:
Brian L. Paquette v. State of Indiana
63S04-1709-CR-570
Criminal. Reverses two of Brian Paquette’s three conviction for felony resisting law enforcement. Finds Indiana Code section 35-44.1-3-1 authorizes only one conviction for felony resisting law enforcement where the defendant engages in a single act of resisting while operating a vehicle that causes multiple deaths. Remands for revised sentencing.

Indiana Court of Appeals
Terrance E. Chmiel v. US Bank National Association
75A05-1708-PL-1979
Civil plenary. Reverses grant of summary judgment in favor of US Bank National Association on Terrance E. Chmiel’s quiet title proceeding. Finds the trial court erred and holds that Chmiel’s quiet title action was not barred by the statute of limitations. Finds genuine issues of material fact remain regarding whether: the doctrine of laches bars his claim; the 2005 deed was valid; and U.S. Bank was a bona fide mortgagee. Finds the trial court erred in granting summary judgment. Remands for proceedings.

The following Indiana Supreme Court opinions were posted after IL deadline on Wednesday.
State of Indiana v. John B. Larkin
46S04-1711-CR-701
Criminal. Reverses the LaPorte Circuit Court’s dismissal of John Larkin’s charge of voluntary manslaughter. Finds that an outright dismissal of Larkin’s charges is an extreme remedy and inappropriate to the case. Finds the trial court abused its discretion in not applying State v. Taylor, 49 N.E.3d 1019. Remands to the trial court to weigh each piece of evidence to determine whether it was tainted by the State’s misconduct. Orders that the trial court, at its discretion, to either hold a hearing for the State to rebut the presumption of prejudice for any tainted evidence, or proceed to trial to attempt to meet its burden through offers of proof outside the presence of the jury.

The following opinion was posted after IL deadline Monday:
Indiana Supreme Court
J.R. v. State of Indiana
18S-JV-285
Juvenile. Affirms J.R.’s delinquency adjudication for dangerous possession of a firearm and carrying a handgun without a license, had he been committed as an adult. Finds the pat-down search of J.R. did not violate his rights. Finds that double jeopardy principles preclude J.R.’s dual adjudications. Remands to the juvenile court to vacate delinquency adjudication for carrying a handgun without a license.

7th Circuit Court of Appeals
The following opinion was issued after IL deadline Monday.
Peter Deppe v. NCAA
17-2275
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Tanya Walton Pratt.
Civil plenary. Affirms dismissal of Peter Deppe’s proposed class-action against Indianapolis-based National Collegiate Athletic Association seeking an antitrust challenge of the NCAA’s “year in residence rule” requiring Division I student athletes to wait one year before they can play for their new school. Finds the requirement is an eligibility rule clearly meant to preserve the amateur character of college athletics and is therefore presumptively procompetitive under NCAA v. Board of Regents of University of Oklahoma, 468 U.S. 85 (1984) and Agnew v. NCAA, 683 F.3d 328 (7th Cir. 2012).

Indiana Court of Appeals
David Earley and Rhonda Earley v. Edward Jones & Co., LP, Edward Jackson, and Adam Jackson
36A04-1710-PL-2258
Civil plenary. Affirms the Jackson Superior Court’s stay and order compelling arbitration in the Earleys’ action against Edward D. Jones & Co., LP, Edward Jackson and Adam Jackson. Finds the Earleys failed to present contract defenses to invalidate signed agreements. The court finds that arbitration agreements between the parties are enforceable and subject to the Federal Arbitration Act.

7th Circuit Court of Appeals
The following opinions were posted after IL deadline on Wednesday.
Pain Center of SE Indiana, LLC v. Origin Healthcare Solutions LL
17-1276
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Richard L. Young.
Civil. Reverses the United States District Court’s grant of summary judgment for Origin on Pain Center’s breach of contract, finding claim was timely. Affirms the trial court’s entry of summary judgment for Origin on all other claims. Remands for further proceedings.

7th Circuit Court of Appeals
The following opinion was posted after IL deadline Tuesday:
Bennie Kennedy v. Schneider Electric
17-1645 & 17-1786
Appeals from the United States District Court for the Northern District of Indiana, Hammond Division. Magistrate Judge Paul R. Cherry.
Civil. Affirms the United States District Court’s denial of Bennie Kennedy’s motion to set aside summary judgment for fraud on the court. Affirms the court’s decision to impose sanctions on Kennedy’s lawyer under Rule 11 for accusing the defendant’s lawyers of suborning perjury.