Opinions Nov. 30, 2018

The following opinions were posted after IL deadline on Thursday:
7th Circuit Court of Appeals 
Akeem Daniels, et al. v. FanDuel, Inc. and DraftKings, Inc.
17-3051
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Tanya Walton Pratt. 
Civil. Affirms the Southern District Court’s dismissal of Akeem Daniels, Cameron Stingily and Nicholas Stoner’s right of publicity lawsuit against FanDuel, Inc. and DraftKings, Inc. and declines to determine whether the business FanDuel or DraftKings’ business violated Indiana criminal law. Finds that because the plaintiffs did not take advantage of the opening left to them under the right-of-publicity statute by the Indiana Supreme Court, the civil suit must end.

Indiana Supreme Court 
Town of Ellettsville, Indiana Plan Commission and Richland Convenience Store Partners, LLC
53S01-1709-PL-612
Civil plenary. Affirms the Monroe Circuit Court’s entry of judgment for Joseph DeSpirito on his petition for judicial review and against Richland Convenience Store Partners and the Town of Ellettsville Plan Commission, retaining Indiana’s common-law rule prohibiting the unilateral relocation of fixed easements and declining to adopt the minority approach reflected in the Third Restatement of Property (Servitudes). Finds that Lot 2 has a utility easement through Lot 1, and its location in the subdivision plat is fixed. Also finds that once an easement appurtenant’s location is fixed, it cannot be relocated unilaterally without both the servient nor dominant estate-holder’s consent. 

Friday opinions
Indiana Court of Appeals 
James E. Jarman v. State of Indiana
18A-CR-1034
Criminal. Reverses James E. Jarman’s convictions for methamphetamine, dealing in a synthetic drug or synthetic drug lookalike substance and possession of paraphernalia. Finds although Jarman signed a waiver consent to searches without a warrant or probable cause, he did not “unambiguously authorize” suspicionless searches of his person. 

In re the Termination of the Parent-Child Relationship of R.J. (Minor Child) and J.J. (Mother) v. Indiana Department of Child Services (mem. dec.)
18A-JT-1412
Juvenile termination of parental rights. Affirms the Vanderburgh Superior Court’s termination of J.J.’s parental rights. Finds the Department of Child Services presented sufficient evidence to support the trial court’s conclusions of law. 

In re: the Termination of the Parent-Child Relationship of V.G. and C.G. (Minor Children) and M.G. (Mother) and E.G. (Father), M.G. and E.G. v. Indiana Department of Child Services (mem. dec.)
18A-JT-1170
Juvenile termination of parental rights. Affirms the Tippecanoe Superior Court’s termination of E.G. and M.G.’s parental rights to their two children. Finds the trial court did not err.

Willie Erving Taylor, Jr. v. City of Hammond, Indiana, et al. (mem. dec.)
18A-CB-1367
Court business. Affirms the Lake Superior Court’s denial of Willie Taylor’s pro se complaint for damages in the amount of $3.2 million against the city of Hammond and numerous individuals. Finds a person cannot seek civil damages on the basis that they were wrongfully convicted unless and until the conviction has been reversed, vacated or otherwise set aside. Therefore, concludes Taylor’s claim is not one upon which relief can be granted. 

Allenn Peterson v. State of Indiana (mem. dec.)
33A01-1708-MI-1773
Miscellaneous. Affirms the Henry Circuit Court’s dismissal of Allenn Peterson’s petition requesting the trial court remove his designation as a sex offender. Finds Peterson’s petition failed to state a claim upon which relief could be granted.

Jeffrey Hunter v. State of Indiana (mem. dec.)
18A-CR-1267
Criminal. Affirms the Putnam Circuit Court’s denial of Jeffrey Hunter’s motion to withdraw his plea of guilty to attempted murder. Finds Hunter failed to demonstrate that a withdrawal of his plea was necessary to prevent a manifest injustice because of an allegedly inadequate factual basis and that his plea was allegedly not knowing and voluntary.

Joshua S. Jessup v. State of Indiana (mem. dec.)
18A-CR-1343
Criminal. Affirms Joshua Jessep’s conviction for Class B misdemeanor possession of marijuana. Finds there is sufficient evidence to support the conviction.  

In re Termination of the Parent-Child Relationship of M.P. (Minor Child) and K.P. (Mother) v. Indiana Department of Child Services (mem. dec.)
18A-JT-1462
Juvenile termination of parental rights. Affirms the Monroe Circuit Court’s termination of K.P’s parental rights to M.P. Finds the trial court did not abuse its discretion in granting the Department of Child Services’ motion to reopen the evidence over K.P.’s objection. Also finds there is sufficient evidence to establish that DCS complied with the statutorily-mandated 10-day notice of the factfinding hearing on the petition to terminate K.P.’s parental rights. 

Willie Duncan and Zeola Duncan v. U.S. ROF III Legal Title Trust 2015-1, by U.S. Bank National Association, as Legal Title Trustee (mem. dec.)
18A-MF-1254
Mortgage foreclosure. Affirms the Hamilton Circuit Court’s entry of summary judgment in favor of U.S. ROF III Legal Title Trust 2015-1, by U.S. Bank National Association, as Legal Title Trustee, against Willie and Zeola Duncan. Finds the trial court did not err in granting summary judgment in favor of the trust. 

R.T. v. State of Indiana (mem. dec.)
18A-JV-1082
Juvenile. Affirms R.T.’s adjudication as a delinquent child for committing Level 6 felony theft if committed by an adult. Finds there is sufficient evidence to support the delinquency adjudication. 

Joseph Evan Avart v. State of Indiana (mem. dec.)
41A04-1712-CR-2968
Criminal. Affirms Joseph Avart’s 60-year sentence for convictions of Level 1 felony burglary and Level 2 felony manslaughter. Finds that Avart’s sentence is not inappropriate in light of the nature of the offenses and his character and there was not a sentencing error. 

Wendell Manuel v. State of Indiana (mem. dec.)
18A-CR-1425
Criminal. Affirms Wendell Manuel’s aggregate 45-year sentence for Level 1 felony rape resulting in serious bodily injury and Level 3 felony rape. Finds there is sufficient evidence to support the convictions and that the sentence is not inappropriate in light of the nature of the offense and the character of the offender.

City of Lawrence v. Jeff Dullaghan (mem. dec.)
18A-PL-824
Civil plenary. Reverses and remands the Marion Superior Court’s interlocutory order denying the city of Lawrence’s motion to dismiss or, in the alternative, for summary judgement in firefighter Jeff Dullaghan’s petition for judicial review on his seniority status. Finds the trial court did not have jurisdiction to review the Fire Merit Commission’s decision under the statute granting the trial court authority to review decisions of the commission. Remands with instructions that the trial court grant the city’s motion to dismiss.

Richard W. Shelton v. State of Indiana (mem. dec.)
18A-CR-1075
Criminal. Affirms Richard Shelton’s aggregate 35-year sentence for convictions of Level 1 felony rape; Level 3 felony criminal confinement; Level 3 felony aggravated battery; Level 5 felony domestic battery and Level 6 felony possession of a narcotic. Finds the Vanderburgh Circuit Court did not abuse its discretion in sentencing Shelton and finds the sentence is not inappropriate. 

Kevin Alexander Campbell v. State of Indiana (mem. dec.)
18A-CR-1122
Criminal. Affirms Kevin Campbell’s conviction for murder. Finds the Porter Superior Court did not commit fundamental error in instructing the jury.

Teresa D. Baker v. State of Indiana (mem. dec.)
18A-CR-1025
Criminal. Affirms Teresa Baker’s conviction for Class A misdemeanor operating a vehicle while intoxicated. Finds the Huntington Superior Court did not err when it provided the jury with an instruction signed by the arresting officer, nor when it denied Baker’s motion for a mistrial. 

In Re the Termination of the Parent-Child Relationship of: M.R. (Minor Child) and S.H. (Mother) and R.R. (Father) v. The Indiana Department of Child Services (mem. dec.)
18A-JT-1437
Juvenile termination of parental rights. Affirms the Putnam Circuit Court’s order terminating S.H. and R.R.’s parental rights to M.R. Finds the juvenile court’s termination was not clearly erroneous. 

Ann-Marie Coffin v. State of Indiana (mem. dec.)
18A-CR-703
Criminal. Affirms the Hamilton Circuit Court’s order revoking Ann-Marie Coffin’s probation and ordering her to serve one year of her previously suspended two-year sentence. Finds there is sufficient evidence to support the revocation and that the trial court did not abuse its discretion. 

James Holder v. State of Indiana (mem. dec.)
18A-CR-863
Criminal. Affirms in part, remands in part with instructions to vacate James Holder’s convictions for Class A misdemeanor unlawful possession of a firearm by a person previously convicted of domestic battery and Class A misdemeanor carrying a handgun without a license. Finds no error in the admission of evidence, but error in the merger of a lesser included offense for which the Marion Superior Court entered a judgment of conviction, rather than vacating it.