Opinions Oct. 11, 2018

The following 7th Circuit Court of Appeals decision was posted after IL deadline Wednesday. 
Staci Harrington v. Nancy A. Berryhill and Andrew A. Banks v. Nancy A. Berryhill
17-3179, 17-3194
Appeals from the United States District Court for the Southern District of Indiana, Terre Haute Division, and the United States District for the Northern District of Indiana, Ft. Wayne Division. 
Chief Judge Jane Magnus-Stinson, Magistrate Judge Susan L. Collins.
Civil/Social Security disability. Affirms the district courts’ orders assigning attorney fees for counsel successfully representing Staci Harrington and Andrew Banks to federal agencies to which the clients were indebted. The district courts properly awarded attorney fees pursuant to the Equal Access to Justice Act. The panel declines to exercise ancillary jurisdiction on the lawfulness or constitutionality of the offsets.

Thursday opinions
Indiana Supreme Court
B.T.E. v. State of Indiana
36S05-1711-JV-711 
Juvenile. Affirms the Jackson Superior Court’s adjudication of B.T.E. as a juvenile delinquent for what would have been Level 3 felony attempted aggravated battery if committed by an adult. Finds there is sufficient evidence B.T.E took a substantial step toward a plot to shoot up and blow up Seymour High School.

Cember Wamsley, as Personal Representative of the Estate of Genia Wamsley v. Tree City Village, New Generation Mangement, Inc., and Matthew Joseph
18S-CT-502
Civil tort. Affirms the Decatur Superior Court’s order setting aside the default judgment against Tree City Cillage and New Generation Management, Inc. and denying Genia Wamsley’s motion to correct error. Finds there is evidence of excusable neglect. Remands for further proceedings.

Indiana Court of Appeals
David Joseph Guzzo, Robert Glenn Guzzo, and Betty Jo Keller v. Town of St. John, Lake County, Indiana 
45A05-1711-PL-2736
Civil plenary. Affirms the Lake Superior Court’s grant of summary judgment in favor of the Town of St. John, Lake County, in an eminent domain action against land once owned by David Guzzo, Robert Guzzo and Betty Jo Keller. Finds at the time of the taking, the property was not occupied by the owner as a residence and was never used for agricultural purposes and, therefore, does not qualify as agricultural land. 

Troy R. Shaw v. State of Indiana (mem. dec.)
18A-PC-1181 
Post-conviction. Affirms the Allen Superior post-conviction court’s dismissal of Troy R. Shaw’s petition for relief. The dismissal did not violate Shaw’s rights and the court did not err in dismissing.

Steven R. Grogan v. State of Indiana (mem. dec.)
18A-CR-302
Criminal.  Affirms Steven R. Grogan’s 27-year sentence and convictions of Level 3 felony rape and Class B misdemeanor battery. The sentence is not inappropriate, sufficient evidence supports the conviction and Grogan waived his claim of error regarding jury instructions.  

Ralph A. Tait v. State of Indiana (mem. dec.)
18A-CR-283 
Criminal. Affirms Ralph Tait’s murder conviction in Marion Superior Court, finding there was no order excluding evidence for Tait to appeal regarding an alleged third party who was guilty of the crime. Also finds Tait waived any claim regarding other evidence because no admission was sought nor were any offers of proof made.  

In the Matter of the Involuntary Termination of the Parent-Child Relationship of: T.H., A.H., E.H., and M.H. (Minor Children), and S.F. (Mother) v. The Indiana Department of Child Services (mem. dec.)
18A-JT-898 
Juvenile termination of parental rights. Affirms the termination of mother S.F.’s parental rights to minor children T.H., A.H., E.H. and M.H., finding the evidence sufficient to support the Putnam Circuit Court’s decision.

In Re the Termination of the Parent-Child Relationship of: N.R., A.R., and M.R. (Minor Children) and J.B. v. The Indiana Department of Child Services (mem. dec.)
18A-JT-634 
Juvenile termination of parental rights. Affirms the termination of mother J.B.’s parental rights to minor children N.R., A.R. and M.R., finding the evidence sufficient to support the Jackson Superior Court’s ruling.

Jarvis Latwon McNeal v. State of Indiana (mem. dec.)
18A-CR-1298 
Criminal. Affirms the three-year sentence the Lake Superior Court imposed on Jarvis Latwon McNeal after he pleaded guilty to Level 5 felony carrying a handgun without a license. The sentence is not inappropriate and the trial court did not abuse its discretion. 

William C. Cox v. State of Indiana (mem. dec.)
18A-CR-956 
Criminal. Affirms William C. Cox’s 8 ½ – year sentence for his guilty pleas to charges of Level 5 felony carrying a handgun without a license and Level 6 felony unlawful possession of a syringe. Cox has not met his burden to demonstrate his sentence ordered by the Bartholomew Superior Court is inappropriate in light of the nature of his offenses or his character. 

Mickey Diaz v. State of Indiana (mem. dec.)
18A-CR-1165 
Criminal. Affirms Mickey Diaz’s conviction of Class A misdemeanor conversion. Evidence in her case in Hamilton Superior Court was sufficient to support the conviction.