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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 Court of Appeals opinions were posted after IL deadline Thursday:
United States of America v. Michael Perryman
20-1453
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge James P. Hanlon.
Criminal. Affirms Michael Perryman’s convictions on drugs and firearms charges. Finds the evidence was sufficient to convict Perryman on any count. Also finds the district court’s exclusion of evidence of an officer reprimand incident unrelated to Perryman’s case did not violate the confrontation clause.
Victoria Looper v. Cook Incorporated, et al.; Sammie Lambert v. Cook Incorporated, et al.
20-3103, 20-3104
Appeals from the United States District Court for the Southern District of Indiana, Indianapolis Division
Judge Richard L. Young.
Civil. Reverses the dismissal of Victoria Looper’s and Sammie Lambert’s lawsuits filed directly to the Southern Indiana District Court in the multidistrict litigation against Cook Inc. over IVC filters. Finds the parties and district court had been taking the approach of treating direct-filed cases as if they had been filed in the plaintiffs’ home state and then applying that state’s choice-of-law rules. Also finds that even though the complaints filed by Looper and Lambert were outside Indiana’s two-year statute of limitations, they were within their home states’ three-year statutes of limitations. Remands for further proceedings.
Friday opinions
Court of Appeals of Indiana
In the Matter of the Power of Attorney of Darlene DeHart, Jeff DeHart v. Darlene DeHart
21A-GM-1043
Guardianship, miscellaneous. Affirms the Johnson Superior Court’s denial of a petition by Jeff DeHart to release an accounting of his mother, Darlene’s, finances. Finds the order is in the best interests of Darlene. Also finds the trial court erred in having Jeff bear the burden of proof instead of Darlene, but holds it harmless. Finally, finds Darlene was competent in appointing her daughter, Christine, as attorney-in-fact, and she is entitled to privacy in the management of her finances.
Josey Robert Keeslin v. State of Indiana (mem. dec.)
21A-CR-816
Criminal. Affirms Josey Keeslin’s sentence to 14 years executed for armed robbery. Finds the sentencing appropriate.
Kaylin Maxwell, on Behalf of Herself and Others Similarly Situated v. Fort-Rohr Motors, Inc. (mem. dec.)
21A-PL-839
Civil plenary. Dismisses Kaylin Maxwell’s appeal of the St. Joseph Circuit Court’s grant of a motion to compel arbitration by Fort-Rohr Motors Inc. Finds the appellate court lacks subject matter jurisdiction to hear the appeal.
David Deel v. State of Indiana (mem. dec.)
21A-PC-579
Post-conviction relief petition. Affirms the Orange Circuit Court’s denial of post-conviction relief for David Deel. Finds Deel did not establish his counsel’s actions were unreasonable or prejudicial.
In Re the Adoption of: G.B., T.G. v. J.B. and R.B. (mem. dec.)
21A-AD-909
Adoption. Affirms the adoption of G.L.B. by J.B. and R.B. Finds the Hamilton Superior Court properly determined father T.G. impliedly consented to the adoption through his inaction and had no standing to contest it.
In the Termination of the Parent-Child Relationship of: J.E. & K.E., (Minor Children), and B.E. (Father) v. Indiana Department of Child Services (mem. dec.)
21A-JT-1173
Juvenile termination of parental rights. Affirms the termination of parental rights of father B.E. to children K.E. and J.E. Finds the LaPorte County Department of Child Services presented sufficient evidence to support the termination of B.E.’s parental rights.
Frank Andert v. State of Indiana (mem. dec.)
21A-CR-1689
Criminal. Affirms the Marshall Superior Court’s revocation of Frank Andert’s community corrections placement. Finds the state produced sufficient evidence to support the revocation.
Jordan Hacker v. State of Indiana (mem. dec.)
21A-CR-1739
Criminal. Dismisses the preliminary order on pretrial release in which Jordan Hacker was directed to participate in pretrial services “at a level to be determined by [pretrial] services … after assessment.” Finds the instant order is interlocutory because Hacker has not presented the issue of pretrial release to the Clark Circuit Court. Also finds the order is not appealable under Appellate Rule 14.
Demetrius D. Link v. State of Indiana (mem. dec.)
21A-CR-1456
Criminal. Affirms Demetrius Link’s convictions of Level 2 felony dealing in methamphetamine and Level 3 felony dealing in meth. Finds Link has waived his challenge to the admission of a laboratory report. Also finds the Kosciusko Circuit Court did not abuse its discretion in denying Link’s motion for a mistrial.
In the Termination of the Parent-Child Relationship of: Al.K., K.K., N.K. (Minor Children), and A.K. (Father) v. Indiana Department of Child Services (mem. dec.)
21A-JT-1018
Juvenile termination of parental rights. Affirms the termination of father A.K.’s parental rights to minor children N.K., Al.K. and K.K. Finds the Madison Circuit Court properly terminated A.K.’s parental rights to the children.
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