Opinions March 1, 2019

The following 7th Circuit Court of Appeals opinion was posted after IL deadline Thursday.
David Jones v. Dushan Zatecky
17-2606
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Richard L. Young.
Civil. Vacates the district court’s denial of David Jones’ petition for writ of habeus corpus. Finds Jones is entitled to the issuance of a writ of habeas corpus under 28 U.S.C. § 2254, based on his attorney’s failure to object to an untimely amendment to his conviction for criminal confinement. Remands with instructions to issue the writ within 120 days with respect the criminal confinement conviction and to make any necessary adjustments to Jones’ sentence on the two unchallenged counts of conviction. Circuit Judge Manion dissents in a separate opinion.

Indiana Court of Appeals
Indiana Farmers Mutual Insurance Company v. John Weaver, Sunday Vanzile, Bryan Vanzile, and State Farm Mutual Automobile Insurance Company
18A-CT-2043
Civil tort. Affirms the Tippecanoe Superior Court’s denial of Indiana Farmers Mutual Insurance Company’s cross motion for summary judgment against John Weaver, Sunday Vanzile, Bryan Vanzile, and State Farm Mutual Automobile Insurance Company. Finds Indiana Farmers failed to add further clarification to the term “using” in its insurance contract, leaving it ambiguous. Finds Weaver had a reasonable belief that he was entitled to use his vehicle pursuant to the language of the policy, despite his suspended license.

Sherry L. Barrand v. Gary W. Martin
18A-JP-1796
Juvenile paternity. Affirms the Allen Superior Court’s grant of Gary Martin’s motion, in part, reducing the amount of his child support obligation. Finds the trial court did not err in finding the agreement between Sherry Barrand and Martin was ambiguous and not agreed upon. Finds Barrand failed to follow procedure in filing her 2016 child support obligation petition and that the effective date of obligation should be based on her 2017 petition.

John E. Garland v. Sharon L. Garland (mem. dec.)
18A-DR-1764
Domestic relation. Affirms the Warrick Superior Court’s dissolution of John and Sharon Garland’s marriage. Finds the trial court did not err in finding Sharon’s rebuttal of the presumption to be just and reasonable. Also finds the trial court did not err in its valuation of a property that it awarded John.

Lavonte Wilderness v. State of Indiana (mem. dec.)
18A-PC-871
Post conviction. Affirms the denial of Lavonte Wilderness’ petition for relief from his conviction of Level 1 felony rape, Level 5 felony criminal confinement and Level 6 felony strangulation. Finds the Allen Superior Court did not err in denying his petition without first holding an evidentiary hearing. Also finds the trial court’s decision that Wilderness was not denied the effective assistance of counsel was not clearly erroneous.