Opinions Dec. 4, 2019

The following opinions were posted after IL deadline Tuesday:
7th Circuit Court of Appeals
Amy Harnishfeger v. United States of America, et al.
18-1865
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Tanya Walton Pratt.
Civil. Affirms and reverses in part the grant of summary judgment to the defendants in Amy Harnishfeger’s First Amendment and Administrative Procedure Act lawsuit. Finds Harnishfeger’s book is protected by the First Amendment. Also finds Lt. Col. Lisa Kopczynski was acting under color of state law when she ordered Harnishfeger’s removal, and Kopczynski is not protected by qualified immunity. Finally, finds Harnishfeger failed to raise a triable issue on any federal defendant’s, except Kopczynski’s, personal participation in a constitutional violation and otherwise failed to show a triable issue on her APA claim. Remands for further proceedings.

Indiana Tax Court
Square 74 Associates LLC v. Marion County Assessor
19T-TA-20
Tax. Affirms Indiana Board of Tax Review’s dismissal of Square 74 Associates’ petitions for correction of an error for tax years 2008 through 2011. Finds none of the master lease provisions Square 74 presented to the court expressly state the tenant spaces exclude the land. Rejects Square 74’s argument that when read together, Indiana Code § 6-1.1-1-15, Indiana Code § 6-1.1-10-37(b) and 50 IAC 1-3-3 exclude the land from the leasehold interest. Declines to rule on Square 74’s claim that the Marion County Property Tax Assessment Board of Appeals exceeded its authority in reassessing the property, finding Square 74 waived that claim because it was not presented to the Indiana board.

Wednesday opinions
Indiana Court of Appeals
Joseph Hipps and Eugene Protz v. Biglari Holdings, Inc., Sardar Biglari, Philip L. Cooley, Ruth J. Person, Kenneth R. Cooper, James P. Mastrian, BH Merger Company, and NBHSA, Inc.
19A-CT-101
Civil tort. Affirms the Hamilton Superior Court’s grant of a motion to dismiss filed by Biglari Holdings, BH Merger Company, NBHSA Inc., Sardar Biglari and other members of the Biglari Holdings board of directors against. Finds the Hamilton Superior Court properly dismissed the shareholders’ complaint.

David Kifer v. State of Indiana
19A-CR-1188
Criminal. Reverses David A. Kifer’s conviction for Level 6 felony criminal trespass. Finds the state failed to present sufficient evidence beyond a reasonable doubt to support Kifer’s conviction.

Jon L. Norton, Jr. v. State of Indiana
19A-CR-872
Criminal. Affirms Jon Norton Jr.’s convictions of one count of sexual misconduct with a minor as a Level 4 felony and three counts of sexual misconduct with a minor as a Level 5 felony, and his aggregate 15-year sentence. Finds the Vanderburgh Superior Court did not commit fundamental error when it did not sua sponte sever Norton’s trial or admonish the jury regarding certain testimony provided by a minor. Also finds the trial court did not abuse its discretion in limiting witness questioning or in denying Norton access to a victim’s mental health records, nor did it err in declining to remove a juror. Finally, finds there was sufficient evidence to support the conviction, and Norton’s sentence is not inappropriate.

Nicholous L. Finton v. State of Indiana (mem. dec.)
19A-CR-960
Criminal. Affirms Nicholous Finton’s convictions for Level 6 felony possession of methamphetamine, Level 6 felony domestic battery and Class C misdemeanor possession of paraphernalia. Finds sufficient evidence to support the convictions.

In the Matter of the Termination of the Parent-Child Relationship of C.M., J.M., V.M., L.M., and E.M. (Minor Children); J.O.M. (Father) v. Indiana Department of Child Services (mem. dec.)
19A-JT-1724
Juvenile termination of parental rights. Affirms the termination of father J.O.M.’s parental rights to his children, C.O.M., J.M.M., V.E.M., L.M. and E.M. Finds the St. Joseph Probate Court’s independent conclusion that the Department of Child services presented sufficient evidence to show that the continuation of the parent-child relationship poses a threat to the well-being of the children supported the termination of J.O.M.’s parental rights. Also finds J.O.M. has not met his burden on appeal to demonstrate reversible error. Finally, finds DCS presented sufficient evidence to show that the conditions that resulted in the removal of the children would not be remedied.

In the Matter of the Termination of the Parent-Child Relationship of I.B., J.S., and S.B. (Minor Children); J.M.S. (Father) v. Indiana Department of Child Services (mem. dec.)
19A-JT-1454
Juvenile termination of parental rights. Affirms the termination of father J.M.S.’s parental rights to his minor children, I.B., J.S. and S.B. Finds sufficient evidence supports the termination.

Cleverly Lockhart v. State of Indiana (mem. dec.)
19A-CR-1839
Criminal. Vacates the Howard Circuit Court’s judgment denying Cleverly Lockhart’s motion for clarification of his sentence and registry status, finding it premature. Dismisses the appeal.

In the Termination of the Parent-Child Relationship of: I.F. (Minor Child) and K.F. (Mother) v. The Indiana Department of Child Services (mem. dec.)
19A-JT-1774
Juvenile termination of parental rights. Affirms the termination of mother K.F.’s parental rights to her child, I.F. Finds there is sufficient evidence to support the termination.

In the Matter of the Involuntary Termination of the Parent-Child Relationship of B.E. and A.M. (Minor Children) and S.E. (Mother), et al. v. The Indiana Department of Child Services (mem. dec.)
19A-JT-1370
Juvenile termination of parental rights. Affirms in part the termination of mother S.E. and father R.M.’s parental rights to their child, A.M., as well as S.E.’s parental rights to her other child, B.E. Reverses the TPR order as to R.M., finding the Vigo Circuit Court lacked personal jurisdiction over him. However, finds the trial court did not clearly err in terminating S.E.’s parental rights to both children.

Jaquan Davis v. State of Indiana (mem. dec.)
19A-CR-333
Criminal. Affirms Jaquan Davis’ convictions for Level 3 felony armed robbery and Level 5 felony battery by means of a deadly weapon. Finds the Marion Superior Court did not abuse its discretion in admitting the identification of Davis pursuant to Indiana Evidence Rule 702.