Opinions

The following 7th Circuit Court of Appeals decision was posted after IL deadline Tuesday:
LeeAnn Brock-Miller v. United States of America
16-3050
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Sarah Evans Barker.
Civil. Reverses the denial of LeeAnn Brock-Miller’s motion under 28 USC section 2255 challenging her conviction of conspiracy to possess with intent to distribute heroin. Finds Brock-Miller’s 2008 conviction did not qualify as a felony drug offense subjecting her to a recidivist enhancement. Also finds Brock-Miller has presented sufficient evidence to justify a hearing on both deficient performance and prejudice under Strickland v. Washington, 466 U.S. 668 (1984). Remands for a hearing on Brock-Miller’s motion.

Indiana Court of Appeals
In Re the Marriage of: William Lynch v. Lisa Lynch, and State of Indiana (mem. dec.)
29A02-1710-DR-2484
Domestic relation. Affirms the modification of William Lynch’s child support obligation. Finds the Hamilton Superior Court did not err when it calculated Lynch’s current child support obligation or when it made the modification of child support retroactive to the date he filed his motion for modification.

Indiana Court of Appeals

Xavia Fox v. State of Indiana (mem. dec.)
49A04-1709-CR-2183
Criminal. Affirms and reverses in part Xavia Fox’s convictions of driving while suspended and operating a motor vehicle having never received a license, both elevated to Class A misdemeanors based on prior convictions. Finds the state presented sufficient evidence to support Fox’s driving while suspended conviction. Also finds the evidence was insufficient to prove Fox had a prior conviction for operating having never received a license. Remands for the Marion Superior Court to enter judgment on the lesser-included offense of Class C misdemeanor operating having never received a license and to vacate the Class A misdemeanor.

Indiana Court of Appeals
Daniel J. Glasgow v. State of Indiana
47A04-1708-CR-1820
Criminal. Affirms Daniel Glasgow’s conviction of Level 6 felony unlawful possession of a syringe. Finds the Lawrence Superior Court properly admitted the syringe into evidence.

Indiana Court of Appeals
Ben Yisrayl v. Sgt. Reed
46A03-1706-SC-1524
Small claims. Affirms the denial and dismissal of Chijioke Bomani Ben Yisrayl’s claim in replevin. Finds Sgt. Reed is entitled to summary judgment as a matter of law.

Indiana Court of Appeals
Angela Brewer, Individually and as Personal Representative of the Estate of Rickey A. Brewer, Deceased v. PACCAR, Inc. d/b/a PETERBILT MOTORS CO.
55A05-1709-CT-2168
Civil tort. Reverses the grant of summary judgment in favor of Peterbilt Motors Company and the denial of Angela Brewer’s motion for partial summary judgment. Finds Brewer designated sufficient evidence for summary judgment purposes that there were several safety features Peterbilt reasonably could have incorporated into its glider kits that might have prevented Rickey Brewer’s death. Also finds Rickey Brewer was a “consumer” of Peterbilt’s product for purposes of the Indiana Product Liability Act. Remands for further proceedings. Judge Paul Mathias concurs with separate opinion.

The following Indiana Supreme Court opinions were posted after IL deadline Friday:

In re the Adoption of E.B.F., J.W. v. D.F.
18S-AD-167
Adoption. Grants transfer and reverses the petition to adopt E.B.F. without J.W., his mother’s, consent. Finds the totality of J.W.’s circumstances justified her failure to communicate with her child for a one-year period. Also finds M.F., the father, and D.F., the stepmother’s, unwillingness to abide by the custody modification frustrated J.W.’s ability to communicate. Finally, finds J.W.’s consent was necessary to grant the adoption petition. Remands for further proceedings. Justice Geoffrey Slaughter dissents with separate opinion joined by Justice Mark Massa.

7th Circuit Court of Appeals
Robin Austin v. Walgreen Company
17-2629
Appeal from the United States District Court for the Northern District of Indiana, Hammond Division. Judge John E. Martin.
Civil. Affirms the grant of summary judgment to Walgreen Co. Finds Robin Austin failed to prove Walgreen had actual or constructive knowledge of a hazard on its premises after she slipped and fell in a Hebron store.

The following 7th Circuit Court of Appeals opinions were posted after IL deadline Wednesday.

Freedom From Religion Foundation v. Concord Community Schools
17-1591, 17-1683
Appeals from the U.S. District Court for the Northern District of Indiana, South Bend Division. Judge Jon E. DeGuilio.
Civil. Affirms District Court ruling that the Concord Community Schools’ 2015 “Christmas Spectacular” show, modified to de-emphasize Christian elements in the 2014 show, did not violate the Establishment Clause of the Constitution. Judge Frank Easterbrook concurs in a separate opinion. 

Indiana Court of Appeals
R. Kinsey Brooks, Susan K. Brooks v. Bank of Geneva
01A05-1709-MF-2174
Mortgage foreclosure. Reverses the grant of summary judgment in favor of Bank of Geneva on the denial of R. Kinsey Brooks and Susan Brooks’ motion for summary judgment. Finds the mortgage on the Brookses’ property should have been released as a matter of law. Remands with instructions for the mortgage on the property to be released and for consideration of the Brookses’ abuse of process claim.

Indiana Court of Appeals
Dustin McCarty v. State of Indiana
84A04-1707-CR-1599
Criminal. Reverses the probationary conditions imposed on Dustin McCarty after he was sentenced to 2½ years, with 290 days executed and the remainder suspended to probation, for Class D felony battery by bodily waste and Class A misdemeanor resisting law enforcement. Finds the Vigo Superior Court committed harmless error when it failed to provide McCarty with written conditions of probation at sentencing. Remands with instructions.

Indiana Court of Appeals

Jennifer Schooler v. State of Indiana
69A01-1706-CR-1254
Criminal. Affirms Jennifer Schooler’s convictions for murder and Level 6 felony neglect of a dependent and her sentence to 67 ½ years. Finds the evidence is sufficient to show Schooler was the one who inflicted fatal brain injuries on her boyfriend’s 3-year-old son. Also finds Schooler’s sentence is not inappropriate.

Indiana Court of Appeals

Steven Wade Childress v. State of Indiana
48A02-1707-CR-1658
Criminal. Affirms Steven Wade Childress’ conviction for Level 3 felony armed robbery. Finds the Madison Circuit Court did not err in rejecting Childress’ Batson claim that the prosecutor’s peremptory challenge to a potential juror was improperly based on the juror’s race.

The following Indiana Supreme Court opinion was issued after IL deadline Wednesday.
In the Matter of the Honorable Dean A. Young, Judge of the Blackford Circuit Court
05S00-1706-JD-430
Judicial discipline. Suspends Blackford Circuit Judge Dean Young for six days without pay for judicial misconduct stemming from his issuance of a restraining order barring former county clerk Derinda Shady from the courthouse. Young is also ordered to pay the costs of the proceedings by the Indiana Commission on Judicial Qualifications.

The following 7th Circuit Court of Appeals opinion was posted after IL deadline on Tuesday:

United States of America v. Timothy Ryan
16-4048
Appeal from the United States District Court for the Northern District of Indiana, South Bend Division. Judge Robert L. Miller, Jr.
Criminal. Affirms Timothy Ryan’s convictions of possessing, receiving and distributing child pornography. Finds the district court did not abuse its discretion in denying Ryan’s motion to substitute counsel. Also finds the record supported Ryan’s distribution conviction and his related sentencing enhancement. Finally, finds the government’s violation of Federal Rule of Criminal Procedure 32.2(b)(5)(A) was harmless error.

The following 7th Circuit Court of Appeals opinion was issued after IL deadline Monday.

Indiana Electrical Workers Pension Benefit Fund, et al. v. ManWeb Services, Inc.
16-2840
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Senior Judge Sarah Evans Barker.
Reverses grant of summary judgment in favor of ManWeb. Vacates and remands for further consideration of the equitable determination of whether ManWeb bears successor liability for its predecessor’s withdrawal of pension benefit money. Judge Daniel Manion concurs with separate opinion.

The following Indiana Supreme Court opinion was issued after IL deadline Friday.

T.H. v. State of Indiana
18S-JV-80
Juvenile. Affirms T.H.’s adjudication as a delinquent but remands to reduce the trial court’s criminal mischief finding from a Class A to a Class B misdemeanor. The state failed to produce sufficient evidence to prove beyond a reasonable doubt that his actions resulted in at least $750 in loss. Remands to the trial court to modify its records to show T.H. committed an act that would be criminal mischief as a Class B misdemeanor.  

The following 7th Circuit Court of Appeals opinions were posted after IL deadline on Thursday:

Dawne A. Sanzone, Personal Representative of the Supervised Estate of Keith R. Koster, Deceased v. James Gray, in his official and individual capacities
17-2103
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Tanya Walton Pratt.
Civil. Reverses the denial of Indianapolis Metropolitan Police Department Officer James Gray on Dawne Sanzone’s Fourth Amendment excessive force claim. Finds Gray acted reasonably when Keith Koster pointed a gun at him and fellow offices, so he did not violate the Fourth Amendment and is entitled to qualified immunity. Remands with instructions to enter judgment for Gray.

Indiana Court of Appeals

Arkla Industries, Inc., et al. v. Columbia Street Partners, Inc. and Columbia Street Partners Remediation Trust
87A01-1709-CC-2140
Civil collection. Reverses the denial of CenterPoint Energy, Inc.’s motion to transfer the case to a preferred venue pursuant to Indiana Trial Rules 12 and 75. Finds the Warrick Circuit Court’s order denying CenterPoint’s motion was clearly erroneous because CenterPoint made a proper motion raising the defense of improper venue. Remands for the trial court to grant the motion and transfer the case to a preferred venue.

7th Circuit Court of Appeals
Akeem Daniels, Cameron Stingily, and Nicholas Stoner v. FanDuel, Inc., and DraftKings, Inc.
17-3051
Appeal from the United State District Court for the Southern District of Indianapolis, Indianapolis Division. Judge Tanya Walton Pratt.
Civil. Certifies the case to the Indiana Supreme Court pursuant to Indiana Rule of Appellate Procedure 64. Finds there is a dearth of state caselaw regarding right-to-publicity cases involving athletes.