Opinions Dec. 27, 2021

The following 7^th Circuit Court of Appeals opinion was posted after IL deadline on Thursday:
United States of America v. Ana Alverez
21‐1119
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Sarah Evans Barker.
Criminal. Vacates Ana Alverez’s second restitution order. Finds the district court procedurally erred when it did not address Alverez’s argument for joint and several liability and explain why sole liability was appropriate after remand.  Finds Alverez is indigent and the district court should address her arguments concerning ability (or lack thereof) to immediately pay the revised restitution amount of $16,652.90. Remands to the district court for further proceedings.

Monday, Dec. 27
Court of Appeals of Indiana
624 Broadway, LLC, v. Gary Housing Authority
21A-CT-653
Civil Tort. Reissued opinion replacing Nov. 10, 2021, opinion that was subsequently withdrawn and vacated. Reaches same conclusion as Nov. 10 ruling, affirming entry of summary judgment for the Gary Housing Authority on 624 Broadway’s claims under Indiana Code sections 36-7-18-2, -5, -13, and -14(1) and entry of summary judgment for the Gary Housing Authority on 624 Broadway’s claims under the Uniform Act and associated federal regulations. However, rather than finding Lake Superior Court erred when it granted the Gary Housing Authority’s motion for summary judgment on 624 Broadway’s claims under Chapter 2 and denied 624 Broadway’s related motion for summary judgment on that issue, the new opinion finds the trial court erred when it granted the Gary Housing Authority’s motion for summary judgment on 624 Broadway’s claim that it had been denied proper notice. Reverses and remands with instructions for the court to enter summary judgment for 624 Broadway on its claim that the Gary Housing Authority’s administrative taking and valuation of the property violated 624 Broadway’s right to notice, to vacate the Gary Housing Authority’s administrative taking and valuation of the property, and to hold any further proceedings that are consistent with this opinion.

Kelly Holland v. Tammy M. Ketcham and Jason W. Ketcham
21A-CT-1708
Civil tort. Reverses the Lawrence Circuit Court’s entry of judgment for Tammy and Jason Ketcham against Kelly Holland in his lawsuit filed under Indiana’s Uniform Fraudulent Transfer Act on grounds that Tammy had transferred her cash assets of $200,000 into a real property in an attempt to hinder, delay, or defraud Holland as the judgment creditor under their dissolution decree. Concludes that Tammy had the actual intent to hinder, delay, or defraud Holland as her judgment creditor under the dissolution decree. Also finds Holland has shown that Jason acted in concert with Tammy in the commission of a fraudulent transfer. Remands for further proceedings as to Holland’s remedy.

Nick’s Packing Services, Inc. v. Jacqueline Renee Chaney
21A-SC-820
Small claims. Affirms the Pike Township Small Claims Court’s judgment in favor of Jacqueline Renee Chaney and against Nick’s Packing Services, Inc. after several of her personal belongings were stolen when she was evicted from her apartment. Finds no error in the small claims court’s judgment in favor of Chaney.

Drew Alexander Osborne v. State of Indiana (mem. dec.)
21A-CR-629
Criminal. Affirms Drew Osborne’s conviction for Class A misdemeanor invasion of privacy and his sentence of nine months executed, consisting of 90 days of incarceration, the remaining time on home detention, and three months suspended to probation. Finds sufficient evidence to support the conviction. Finds that the trial court did not abuse its discretion in admitting the evidence regarding the text message and Osborne’s contact information.

In the Matter of C.A., S.A., and K.A., Children in Need of Services, H.A. and J.A. v. Indiana Department of Child Services (mem. dec.)
21A-JC-729
Juvenile CHINS. Affirms the child in need of services determination for H.A. and J.A.’s children, C.A., S.A., and K.A. Finds the Clark Circuit Court did not err in its determination nor abuse its discretion in issuing its dispositional order. Neither did the trial court abuse its discretion as to any of the requirements it included. Also finds the evidence presented by DCS supports the juvenile court’s CHINS determination that the children’s physical or mental condition was seriously impaired or seriously endangered by their parents actions or lack thereof.

Steven Stephanoff, Jr. v. State of Indiana (mem. dec.)
21A-CR-1541
Criminal. Affirms the revocation of one year of Steven Stephanoff’s previously suspended three-year sentence for violating his probation. Finds the Ripley Circuit Court did not abuse its discretion in the revocation.

In the Matter of the Termination of the Parent-Child Relationship of A.T. (Minor Child) and S.T. (Father) v. Indiana Department of Child Services (mem. dec.)
21A-JT-1863
Juvenile termination. Affirms the termination of S.T.’s parental rights to his child, A.T. Finds sufficient evidence to prove that the conditions that resulted in the child’s removal from and continued placement outside of Father’s care will not be remedied.