Opinions July 16, 2020

The following 7^th Circuit Court of Appeals opinions were posted after IL deadline on Wednesday:
Leif Hinterberger, et al. v. City of Indianapolis
19-3365
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Senior Judge Sarah Evans Barker.
Civil. Affirms the rejection of Leif Hinterberger’s statement of facts for violation the district court’s rulings governing summary judgment practice, and the entry of summary judgment against Hinterberger. Finds the district court did not abuse its discretion in striking Hinterberger’s statement because it did not comply with Local Rule 56-1, nor did it err in entering summary judgment against him on each of his claims.

Soo Line Railroad Company v. Consolidated Rail Corporation,
19-3100
Appeal from the United States District Court for the Northern District of Indiana, Hammond Division. Magistrate Judge Andrew P. Rodovich.
Civil. Affirms the dismissal of Soo Line’s complaint related to Indiana Harbor Belt Railroad Co.’s trackage lease agreement, finding that minority owner Soo Line failed to contest the basis of dismissal of its suit against majority owner Consolidated Rail, and therefore the claim was waived.

Indiana Court of Appeals
Lee Johnson v. Hassan Shanehsaz
19A-PL-02866
Civil plenary. Majority judges Robert Altice and L. Mark Bailey affirm the Hamilton Circuit Court’s grant of summary judgment to Hassan Shanehsaz on Lee Johnson’s defamation and emotional distress claims, holding that the claims may not be pressed under a 2016 general release agreement between the parties. Affirms the court’s denial of Shanehsaz’s counterclaim seeking damages for a lost business opportunity. Reverses in part the award of attorney fees to Shanehsaz, finding erroneous an award of 1.8 hours of billed time was for matters unrelated to the case. Remands. Judge Terry Crone dissents with opinion and would reverse the award of summary judgment to Shanehsaz, finding that the release does not bar Johnson’s claims.

Jason Wiley v. State of Indiana
19A-CR-3062
Criminal. Reverses Jason Wiley’s conviction in Pulaski Circuit Court of Class B misdemeanor operating a motor vehicle without an ignition interlock device and Class C misdemeanor violation of driving conditions. Finds he did not knowingly waive his right to a jury trial and remands for one.

Alan Van Meter v. Community Development & Redevelopment, et al.
20A-MI-566
Miscellaneous. Affirms the Huntington Circuit Court’s dismissal of Alan Van Meter’s suit challenging a demotion order on his house in Huntington for numerous code violations. Holds his judicial complaint was untimely.

Tyler Wesley Riggle v. State of Indiana
20A-CR-357
Criminal. Affirms Tyler Riggle’s conviction in St. Joseph Superior Court of Level 6 felony unlawful possession of a syringe. Finds sufficient evidence to support the conviction.

Melva Wright v. State of Indiana (mem. dec.)
19A-CR-2344
Criminal. Affirms Melva Wright’s conviction of Level 6 felony theft. Finds that Wright has failed to show that her sentence of 270 days in jail is inappropriate in light of the nature of the offense and her character. Finds sufficient evidence was presented in Marion Superior Court to support the conviction.

Brian K. Gates, Jr. v. State of Indiana (mem. dec.)
20A-CR-119
Criminal. Affirms Brian Gates Jr.’s conviction in St. Joseph Superior Court of Class B misdemeanor battery. Finds that it is not for the appellate court to evaluate witness credibility.

Donald D. Denson v. State of Indiana (mem. dec.)
20A-CR-435
Criminal. Affirms Donald Denson’s conviction of Level 6 felony domestic battery. Finds sufficient evidence to support Denson’s conviction in Marion Superior Court.

Coreion Tae D. Gentry-Shelton v. State of Indiana (mem. dec.)
19A-CR-2940
Criminal. Affirms Coreion Gentry-Shelton’s 14-year sentence for conviction in Allen Superior Court of robbery and criminal confinement. Finds his sentence is not inappropriate in light of his character and that the nature of the offense does not justify a revision of the sentence.

Steven Ray Struble v. State of Indiana (mem. dec.)
20A-CR-147
Criminal. Affirms Steven Struble’s six year sentence in the Department of Correction with two years suspended to probation for conviction in Jasper Superior Court of Level 4 felony sexual misconduct with a minor. Finds the trial court did not abuse its discretion and that his sentence is not inappropriate.

Badre Faridi v. State of Indiana (mem. dec.)
19A-CR-1697
Criminal. Affirms Badre Faridi’s aggregate 52-year sentence for conviction in Elkhart Superior Court of Class A felony child molesting and two counts of Class C felony child molesting. Finds that his sentence is not inappropriate in light of the nature of the offense and his character.