Opinions July 19, 2021

The following 7^th Circuit Court of Appeals opinion was posted after IL Deadline on Friday.

Peggy Jo Smith v. Professional Transportation and Ronald D. Romain
20-2046
Appeal from United States District Court for the Southern District of Indiana, Evansville Division. Judge Richard L. Young.

Civil. Vacates the Southern District Court’s summary judgment order in part and remands with instructions to permit Peggy Jo Smith’s individual claims to proceed against Professional Transportation Inc. Finds that the district court erred by refusing to allow Smith to proceed on her individual claims and that she is entitled to proceed individually, regardless of what happens to the collective action.

July 19, 2021

7^th Circuit Court of Appeals

Chadrick Fulks v. T. Watson
20-1900
Appeal from the United States District Court for the Southern District of Indiana, Terre Haute Division. Judge James R. Sweeney, II.

Civil. Affirms the Indiana Southern District court’s denial of Chadrick Fulks’ third request for relief from the death penalty, this time under 28 U.S.C. § 2241 and the Supreme Court’s decision in Atkins v. Virginia. Finds that Fulks had the necessary facts and every opportunity to present an Atkins claim but did not pursue it during sentencing, on direct appeal, or in his § 2255 petition. Finds the subsequent changes in clinical diagnostic standards do not amount to the kind of substantial change necessary to present a close question of whether the savings clause could potentially apply.

Indiana Court of Appeals

Benjamin Frenkel, et al. v. NextGear Capital, Inc. (mem. dec.)
20A-CC-02218
Civil collection. Affirms the entry of a money judgment to NextGear Capital, Inc. against Auto Dreams USA, LLC and Benjamin Frenkel for breach of contract. Concludes that Auto Dreams defaulted under the clear terms of the Demand Promissory Note and Loan and Security Agreement entered into with NextGear. Finds that the Frenkel parties have failed to establish on appeal that the trial court’s judgment in favor of NextGear was clearly erroneous, among other things.

Rick Steven Jarboe v. State of Indiana (mem. dec.)
20A-CR-02241
Criminal. Affirms Rick S. Jarboe’s conviction for Level 6 felony battery. Finds Jarboe was not denied his due process right to fair notice of the charges against him.

Ovie Omofurhieta v. State of Indiana (mem. dec.)
21A-CR-00098
Criminal. Affirms Ovie Omofurhieta’s conviction for Class A misdemeanor domestic battery. Finds sufficient evidence to support the conviction.

Ann T. Collins v. Darryl J. Collins (mem. dec.)
21A-DC-00141
Domestic relations with children. Reverses the Monroe Circuit Court’s decision to sua sponte invalidate Ann Collins and Darryl Collins’ earlier, court-approved settlement agreement from their divorce which found the agreement had not been properly entered. Also reverses the trial court’s decision that emancipated the parties youngest child and ended Father’s support obligation to that child. Finds the trial court went too far in invalidating the agreement but did not properly consider Father’s request for modification of child support.