Opinions May 7, 2021

The following 7^th Circuit Court of Appeals opinion was posted after IL deadline Thursday:
United States of America v. Adonnis Carswell 
20-1036
Appeal from the United States District Court for the Northern District of Indiana, Fort Wayne Division. Judge Holly A. Brady.
Criminal. Affirms Adonnis Carswell’s convictions of four drug and firearm offenses, including possession of heroin with intent to distribute. Finds that the judge who issued the search warrant intended for Carswell’s home had a reasonable basis for thinking evidence of drug and firearm crimes was likely to be found there. Also finds the prosecution’s closing arguments were not improper, did not make Carswell’s trial unfair and did not deny him due process of law.  

Friday’s opinions
7^th Circuit Court of Appeals
United States of America v. Michael Stivers 
20-1180, 20-2664
Appeals from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Jane Magnus-Stinson.
Criminal. Affirms Michael Stivers’ 300-month prison sentence for conviction for receiving, possessing and distributing child pornography. Also affirms the Southern District Court’s order overruling Stivers’ objections to the government’s proposed restitution calculation and order that Stivers pay $3,000 in restitution. Finds that because Federal Rule of Criminal Procedure 43(a)(3) does not apply in this case, Stivers is not entitled to relief for the district court’s supposed violation of it. Also finds the appellate court need not address the government’s argument that any Rule 43 violation was harmless error.  

Indiana Court of Appeals
K.B. v. B.B.
21A-PO-99
Protective order. Reverses the dismissal of K.B.’s petition for an order of protection against B.B. Finds the Marion Superior Court erred when it dismissed K.B.’s petition and did not hold a hearing at which K.B. could present evidence to support her claim. Remands with instructions to hold a hearing on K.B.’s petition for an order of protection.

Nathan Sutton v. State of Indiana
20A-CR-2213
Criminal. Reverses and vacates Nathan Sutton’s conviction of Level 6 felony possession of a narcotic drug. Finds the evidence is insufficient to prove Sutton possessed a narcotic drug.

CW Farms, LLC v. Egg Innovations, LLC
20A-PL-2051
Civil plenary. Affirms and reverses in part the dismissal of CW Farms LLC’s complaint against Egg Innovations LLC for failure to state a claim upon which relief can be granted under Trial Rule 12(B)(6). Finds CW has stated claims upon which relief can be granted for breach of contract and breach of duty of good faith and fair dealing, and the Kosciusko Superior Court erred when it dismissed those claims. Also finds CW has not stated a claim upon which relief can be granted for negligence, so the trial court did not err when it dismissed that claim. Remands for proceedings.

In re the Adoption of B.D.H., J.M. v. T.W. and D.H. (mem. dec.)
20A-AD-788
Adoption. Affirms and reverses in part the decree of adoption of B.D.H. by stepfather D.H. Finds the evidence does not lead to the opposite conclusion of the Henry Circuit Court. Also finds the court did not comply with Indiana Code § 31-19-8-5 or that a background check as defined by I.C. 31-9-2-22.5 was filed by a child-placing agency. Remands with instructions to stay the adoption order pending submission and review of the statutorily required background check.

Holliday, LLC v. Anderson Mounds Theater, LLC (mem. dec.)
20A-PL-1816
Civil plenary. Dismisses Holliday LLC’s appeal from the amended judgment in favor of Anderson Mounds Theater LLC on the issue of liability and possession in an action for replevin and criminal conversion. Finds the Madison Circuit Court did not enter a final appealable order or an appealable interlocutory order.

Maria Jose Hernandez-Arana v. Desiderio L. Sanchez (mem. dec.)
20A-CT-1963
Civil tort. Affirms the ruling that Maria Jose Hernandez-Arana civilly converted property from Desiderio L. Sanchez and the entry of judgment for Sanchez and against Hernandez in the amount of $13,914.92. Finds Hernandez waived his argument that Sanchez’s interpreter was incompetent and biased for failing to object. Also finds the evidence was sufficient to sustain the Kosciusko Superior Court’s decision by a preponderance of the evidence.

Marquita L. Forrest v. State of Indiana (mem. dec.)
20A-CR-1670
Criminal. Affirms Marquita Forrest’s conviction of Class B misdemeanor harassment. Finds it was harmless error to admit photographic evidence. Also finds the state presented sufficient evidence beyond a reasonable doubt to sustain Forrest’s conviction.

Leah Murray v. Caleb Murray (mem. dec.)
20A-DN-1728
Domestic relations, no children. Affirms the order holding mother Leah Murray in contempt and granting make-up parenting time in favor of father Caleb Murray. Finds Leah’s due process rights were preserved. Also finds the Marion Superior Court did not abuse its discretion when it granted Caleb make-up parenting time.

Lee Evans Dunigan v. Brenshira Young (mem. dec.)
20A-DN-2273
Domestic relations, no children. Affirms the order dissolving Lee Evans Dunigan’s marriage to Brenshira Young. Finds the Tippecanoe Superior Court did not abuse its discretion in failing to award Dunigan incapacity maintenance, in dividing the marital estate or in denying Dunigan’s request that Young assume his health care expenses and provide him with health insurance.

In the Matter of the Termination of the Parent Child Relationship of J.P. (Minor Child), A.A. (Father) v. Indiana Department of Child Services and Child Advocates Inc. (mem. dec.)
20A-JT-501
Juvenile termination of parental rights. Affirms the involuntary termination of father A.A.’s parental rights to J.P. Finds A.A.’s due process rights were not violated. Also finds the Marion Superior Court Juvenile Division did not clearly err in finding a reasonable probability exists that the conditions resulting in J.P.’s removal and the reasons for his placement outside A.A.’s care will not be remedied. Finally, finds clear and convincing evidence supports the trial court’s determination that termination is in J.P.’s best interests.

Bruce Angelo Evans v. State of Indiana (mem. dec.)
20A-PC-1888
Post conviction. Affirms the denial of Bruce Evans’ petition for post-conviction relief. Finds Evans has failed to establish that the evidence unmistakably leads to conclusions opposite those reached by the post-conviction court.

Melvin J. Knetter v. State of Indiana (mem. dec.)
19A-PC-2864
Post conviction. Affirms the denial of Melvin Knetter’s petition for post-conviction relief. Finds Knetter’s freestanding and novel arguments are waived and are not available for appellate review.