Opinions Nov. 9, 2018

The following 7th Circuit Court of Appeals opinion was posted after IL deadline Thursday: 
Craig Strand v. Curtis Minchuk
18-1514
Appeal from the United States District Court for the Northern District of Indiana, Hammond Division. Judge James T. Moody.
Civil. Affirms the Northern District Court’s denial of summary judgement on Officer Curtis Minchuk’s qualified immunity defense following an altercation that led to his shooting of a truck driver in the abdomen. Finds Minchuk is not entitled to qualified immunity, and questions of fact remain.

Friday opinions
Indiana Court of Appeals 
The State of Indiana, ex rel. Harmeyer v. The Kroger Co., Kroger Limited Partnership I, KRGP, Inc., Payless Super Markets, Inc., and Ralphs Grocery Company
18A-PL-806
Civil plenary. Affirms the Marion Superior Court’s dismissal of Michael Harmeyer’s complaint against several grocery stores that operate in Indiana alleging they violated Indiana’s False Claims and Whistleblower Protection Act. Finds the trial court did not err in finding Harmeyer’s complaint was not sufficient under Indiana Trial Rule 9(B). 

Anthony Ward, Sr. v. State of Indiana
18A-CR-1589
Criminal. Affirms Anthony Ward, Sr.’s, aggregate four-year sentence for his conviction of Level 5 felony auto theft and Class A misdemeanor resisting law enforcement. Finds the Allen Superior Court is not required to enter a sentencing statement if it imposes the advisory sentence for a felony conviction. 

Laurentino Zuniga v. State of Indiana (mem. dec.)
02A03-1711-PC-2844
Post-conviction. Affirms the Allen Superior Court’s denial of Laurentino Zuniga’s petition for post-conviction relief. Finds the post-conviction court properly denied Zuniga’s claims that Zuniga did not enter his guilty plea with knowledge of his Boykin rights and that Zuniga received ineffective assistance of trial counsel.

Lindani A. Mzembe v. State of Indiana (mem. dec.)
18A-CR-1035
Criminal. Affirms Lindani Mzembe’s conviction for Level 2 felony burglary. Finds there is sufficient evidence of a “breaking” to support Mzembe’s conviction for burglary.

Derrick R. Burt v. State of Indiana (mem. dec.)
18A-CR-1382
Criminal. Dismisses without prejudice Derrick Burt’s appeal of the denial of his motion to reinstate probation. Finds that having already challenged the validity of his probation revocation through a direct appeal, Burt must challenge the validity of his probation revocation through a post-conviction proceeding.

Daniel Pierce v. State of Indiana (mem. dec.)
18A-PC-679
Post-conviction. Reverses the Switzerland Circuit Court’s denial of Daniel Pierce’s petition for post-conviction relief following his resentencing for Class A felony child molestation. Finds the post-conviction court erred in denying Pierce’s PCR petition. Grants the petition for PCR and remands for a resentencing hearing with counsel present for Pierce, with instructions for the trial court instructed to follow the resentencing instructions set out in the Supreme Court’s opinion in Pierce, 29 N.E.3d at 1271.

Michael I. Keihn, Jr. v. State of Indiana (mem. dec.)
18A-CR-118
Criminal. Affirms Michael Keihn’s aggregate sentence of 2,160 days with 180 days suspended to probation for his conviction of Level 5 felony contributing to the delinquency of a minor and Level 6 felony obstruction to justice. Finds Keihn’s sentence is not inappropriate in light of the nature of his offenses and his character.

Richard Ford v. State of Indiana (mem. dec.)
18A-CR-881
Criminal. Affirms Richard Ford’s 30-month sentence. Finds the sentence is not inappropriate in light of the nature of the offense and the character of the offender.

Gillian G. Moorman v. Kyle W. Andrews (mem. dec.)
18A-JP-1051
Juvenile paternity. Affirms the Grant Superior Court’s order modifying parenting time in favor of Kyle Andrews and finding Gillian G. Moorman in contempt. Finds the trial court did not abuse its discretion by finding Moorman in contempt, nor did it err when it conducted an in camera interview of child, T.A. Also finds the trial court did not rely solely on the in camera interview to make its determination and therefore did not err.