Opinions March 29, 2022

The following 7^th Circuit Court of Appeals opinions were posted after IL deadline on Monday.
Alhadji F. Bayon v. Marshall Berkebile, et. al
21-1125
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Richard L. Young.
Civil. Dismisses the appeal requesting summary judgment be awarded to Indianapolis police officers Marshall Berkebile, Matthew York and Robbin Myers for qualified immunity following the police-acting shooting of Alhadji F. Bayon. Finds there are material facts that are disputed in the events and that a reasonable jury could find that Bayon surrendered himself before being shot. Concludes the appellate court doesn’t have jurisdiction to overturn the Southern District Court’s denial of the motion. Bayon will recover the costs of the appeal.

United States of America v. Robert Nieto and Darrick P. Vallodolid
19-2209, 19-3408
Appeals from the United States District Court for the Northern District of Indiana, Hammond Division. Judge Philip P. Simon.
Criminal. Affirms Robert Nieto and Darrick P. Vallodolid’s convictions of racketeering and drug conspiracy and their sentences to life in prison. Finds the district court did not err in rejecting the defendants’ Batson challenge. Also finds the evidence was sufficient to support the convictions and the district court did not err in the admission of evidence. Finally, finds the district court did not commit a legal error in imposing life sentences.

Tuesday opinions
Court of Appeals of Indiana
U.S. Automatic Sprinkler Corporation v. Erie Insurance Exchange, Travelers Indemnity Company of Connecticut a/s/o Sycamore Springs Surgical Center, LLC, Dr. Nancy Pruett, D.D.S. and 3D Exhibits, Inc.
21A-CT-580
Civil Tort. Affirms Marion Superior Court denial of U.S. Automatic Sprinkler Corp.’s motion for summary judgment against Travelers Indemnity Company of Connecticut. Finds the subrogation waiver in Automatic Sprinkler’s contract with the Sycamore Springs Surgical Center does not apply because the sprinkler company did the work at the request of the landlord and not under its contract with the surgery center. Reverses the denial of Automatic Sprinkler’s motion for summary judgment against Erie Insurance Exchange, Nancy Pruett, D.D.S. and 3D Exhibits. Holds that under Citizen Gas & Coke Utility v. American Economy Insurance Co., 486 N.E.2d 998 (Ind. 1985) the requirement of privity is still binding in the property-damage context.

Kyle N. Doroszko v. State of Indiana
21A-CR-1645
Criminal. Affirms Kyle Doroszko’s conviction for Level 5 felony involuntary manslaughter. Finds that although the St. Joseph Superior Court erred by not allowing Doroszko or his attorney to directly question the prospective jurors, any error was harmless. Finds Doroszko has not shown that he was prejudiced by the court’s voir dire procedure. Also finds the trail court did not abuse its discretion when it admitted Doroszko’s confession as evidence.

Deon M. Sanders v. State of Indiana (mem. dec.)
21A-CR-1520
Criminal. Affirms in part, reverses in part Deon M. Sanders’ aggregate 30-year sentence for conviction of Level 3 felony aggravated battery and Level 5 felony carrying a handgun without a license. Reverses the judgment and sentence for the Level 5 felony and remands with instructions to vacate that conviction and sentence and to enter judgment and sentence for the crime as a Class A misdemeanor. Finds the trial court did not commit fundamental error in instructing the jury. Finds his sentence is not inappropriate.

Roland L. Smith v. State of Indiana (mem. dec.)
21A-CR-1544
Criminal. Affirms Roland Smith’s conviction for Level 3 felony dealing in a controlled substance. Finds the trial court did not abuse its discretion when it admitted the state’s Exhibits 15 and 30 as evidence. Finds sufficient evidence to support Smith’s conviction. Finds no abuse of the trial court’s discretion in sentencing Smith.

Warren Parks v. Lisa Bloc & Brandon Pherson (mem. dec.)
21A-MI-1751
Miscellaneous. Affirms the Putnam Circuit Court’s summary judgment in favor of Aramark Correctional Services, LLC employees Lisa Bloc and Brandon Pherson in Warren Parks’ action for violation of his First Amendment right to religious freedom as a Hebrew Israelite after they allegedly served him unleavened bread during Passover and required him to pick up his food on the Sabbath, breaking the tenant they he rest on the Sabbath. Finds Parks failed to present a cogent argument explaining how the trial court erred.