Opinions July 21, 2021

7^th Circuit Court of Appeals

City of Fishers, Indiana v. DIRECTTV
20-3478
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Jane Magnus-Stinson.

Civil. Affirms the Southern Indiana District Court’s abstention under the teachings of Levin v. Commerce Energy, Inc., 560 U.S. 413 (2010) from a case brought by several Indiana cities against Netflix and other video streaming platforms alleging they owe the cities past and future franchise fees under an Indiana statute. Finds the district court properly abstained and that it did not err by applying the Levin abstention factors.

Indiana Court of Appeals

Randy C. Axelrod v. Amgen, Inc., et al.
19A-PL-01171
Civil plenary. Grants Randy Axelrod’s petition for rehearing for purposes of clarification, but affirms the Indiana Supreme Court’s original opinion. Finds Axelrod has not demonstrated that he is entitled to a new trial.

Michael L. Hudson v. Kathy S. Hudson (mem. dec.)
20A-DN-01897
Domestic relations, no children. Affirms the dissolution order entered for Michael and Kathy Hudson, that divided their marital estate equally; ordered the harvesting and sale of the mature timber in the event the parties could not negotiate a division of its value, with the proceeds to be divided equally; and ordered Husband to pay Wife half of the fair market rent for the tillable acreage for the year 2020. Finds no abuse of the trial court’s discretion.

Daniel E. Franklin v. State of Indiana (mem. dec.)
20A-CR-02073
Criminal. Affirms Daniel Franklin’s four-year executed sentence for pleading guilty to Level 4 felony sexual misconduct with a minor. Finds his sentence is not inappropriate based on the nature of his offense and his character.

Sarah K. Andry v. State of Indiana (mem. dec.)
20A-CR-02173
Criminal. Affirms Sarah Andry’s aggregate 55-year sentence for murder and Level 3 felony aggravated battery. Finds Andry’s character does not support a reduced sentence and that she has failed to establish that her sentence is inappropriate.

Robert R. Brandon v. State of Indiana (mem. dec.)
20A-CR-02236
Criminal. Affirms the denial of Robert Brandon’s motion to correct erroneous sentence. Finds the Elkhart Circuit Court did not abuse its discretion when it denied Brandon’s motion.

MacQuillie I. Woodard v. State of Indiana (mem. dec.)
20A-CR-02263
Criminal. Affirms in part MacQuillie I. Woodard’s conviction for Level 4 felony unlawful possession of a firearm by a serious violent felon. However, remands for the trial court to reinstate his conviction for Level 5 felony battery with a deadly weapon, finding his convictions do not constitute double jeopardy.

Termination: J W v. Indiana Department of Child Services (mem. dec.)
21A-JT-00117
Juvenile termination. Affirms the termination of J.W.’s parental rights to his son, W.W. Finds termination was in the child’s best interests.

Sean Hendrix v. State of Indiana
21A-CR-00192
Criminal. Affirms Sean Hendrix’s conviction for Class A misdemeanor domestic battery. Finds the evidence presented in Hamilton Superior Court was sufficient.

Termination: K H v. Indiana Department of Child Services
21A-JT-00326
Juvenile. Affirms grant of petition from Department of Child Service to termination parental rights of K.H. Rules DCS presented sufficient evidence in Lake Superior Court.

Termination: R S v. Indiana Department of Child Services
21A-JT-00346
Juvenile. Affirms grant of petition from Department of Child Service to termination parental rights of mother, R.S. Finds the St. Joseph Probate Court did not err when it concluded there is a reasonable probability the condition resulting in the child’s removal and continued placement outside R.S.’s home will not be remedied.

Kevin L. Martin v. State of Indiana, et al.
21A-CT-00596
Civil. Affirms grant of summary judgment against Martin in his tort complaint alleging the defendants had lost or damaged his mail. Finds the St. Joseph Superior Court did not err in entering summary judgment in favor of Martin’s caseworker.