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As a subscriber you can listen to articles at work, in the car, or while you work out. Subscribe NowThe following 7th Circuit opinions were posted after IL deadline on Thursday.
Justin Castelino v. Rose-Hulman Institute of Technology
19-1905
Appeal from the United States District Court for the Southern District of Indiana, Terre Haute Division. Senior Judge William T. Lawrence.
Civil. Affirms the Indiana Southern District Court’s entry of summary judgment for Rose-Hulman Institute of Technology against Justin Castelino on claims that his suspension violated the Americans with Disabilities Act, among other things. Also affirms its grant of Rose-Hulman’s motion for sanctions based on Castelino’s failure to comply with a scheduling order.
KR Enterprises, Inc. v. Zerteck Inc., doing business as BOAT-N-RV WAREHOUSE, et al.
20-2069, 20-2155
Appeals from the United States District Court for the Northern District of Indiana, South Bend Division. Judge Philip P. Simon.
Civil. Affirms the Indiana Northern District Court’s finding that secured creditor KR Enterprises Inc.’s assignee, Evergreen Recreational Vehicles, was entitled to payment of the purchase prices for 21 new RVs that were delivered to a group of affiliated dealers before it went out of business, minus some setoffs for warranty and rebate claims that the manufacturer had owed to the dealers on earlier RV sales.
Friday opinions
Indiana Court of Appeals
In re Adoption of: S.P., J.P., K.P., and E.P. (Minor Children) and J.P. (Mother) and Jer.P. (Father) v. M.D. and J.D. and Indiana Department of Child Services
20A-AD-2205
Adoption. Affirms the Monroe Circuit Court’s decision that mother, J.P., and father, Jer.P., were not acting in best interests of four of their 12 children in seeking to withdraw their consents to adoption. Finds that decision was not contrary to law.
Robert Holland v. Trustees of Indiana University, et al.
20A-CT-1696
Civil tort. Finds attorney Robert Holland’s appeal of already dismissed claims for relief for injuries he allegedly suffered at Indiana University is frivolous and in violation of an earlier order dismissing part of his claims and limiting the scope of the surviving issues. Dismisses the appeal as to all but one issue and concludes res judicata bars that claim. Grants IU’s request for sanctions in part based on Holland’s continuing obdurate conduct, repetitive and frivolous filings, and flagrant disregard of court orders.
Ryan Sheckles v. State of Indiana (mem. dec.)
20A-PC-344
Post-conviction. Affirms the denial of Ryan Sheckles’ petition for post-conviction relief. Finds Sheckles’ counsel was not ineffective.
Knox County Board of Commissioners, et. al. v. Cynthia S. Frey, et al. (mem. dec.)
20A-PL-1812
Civil plenary. Reverses after the Knox Superior Court mandated that the Highway Department comply with Indiana Code § 36-9-27-71 by performing hydrological studies for three culvert locations, and awarded to the Freys costs pursuant to IC. 34-27-3-3(b) plus attorney fees pursuant to I.C. 34-52-1-1. Finds I.C. 36-9-27-21 is not amenable to a judicial mandate ordering the Highway Department to perform hydrological studies. Also finds that because a judicial mandate is not available, the award of costs must be reversed. Finally, finds the Freys may not recover attorney fees on grounds that the defendants pursued or continued to litigate a frivolous defense.
Ryan M. Palmer v. State of Indiana (mem. dec.)
20A-CR-2013
Criminal. Affirms Ryan Palmer’s conviction of Level 4 felony child molesting. Finds any error in the admission of challenged tapes would have been harmless. Also finds there was sufficient evidence to support the conviction.
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