Opinions April 7, 2022

The following 7^th Circuit Court of Appeals opinion was posted after IL deadline Wednesday:
Niki DaSilva, et al. v. State of Indiana
20-2238
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Jane Magnus-Stinson.
Civil. Affirms the dismissal of Title VII claims filed against the state of Indiana by Niki DaSilva, Samantha Lozano and Gabrielle McLemore Brock. Finds the state did not raise its jurisdictional claim until its brief on the merits, which was too late. Also finds the Indiana House and Senate were the women’s employers because those were the entities with hiring and firing authority.

Thursday opinions
Court of Appeals of Indiana
Justin Yeary v. State of Indiana
21A-CR-1080
Criminal. Reverses Justin Yeary’s conviction of Level 1 felony dealing in a controlled substance resulting in death. Finds the drug-induced homicide statute required the state to prove the drugs sold by the defendant were both the proximate cause and the actual cause of the victim’s death and does not improperly inhibit a defendant’s ability to contest such proof. Also finds the text messages Tyler Humphrey sent in the days immediately preceding his death are relevant to the question of whether the drugs Yeary sold Humphrey caused Humphrey’s death. Finally, finds the Hamilton Superior Court’s jury instructions did not properly convey to the jury the necessity of finding Yeary’s drugs were the actual cause and proximate cause of Humphrey’s death, which resulted in reversible error. Remands for further proceedings, including the option of a retrial.

Tippecanoe School Corporation v. Michelle Reynolds and Steven Reynolds, as Parents and Legal Guardians of Isabella Reynolds, a minor
21A-CT-1482
Civil tort. Reverses the denial of the Tippecanoe School Corporation’s motion for summary judgment on reconsideration, filed after Isabella Reynolds sued for negligence. Finds TSC’s designated evidence demonstrated that the cheerleading routine Roberta Patton had Reynolds and her teammates perform was ordinary, and no evidence designated by Reynolds demonstrates otherwise. Also finds negligent supervision is not a separate claim capable of eluding the Pfenning rule. Finally, finds the Tippecanoe Circuit Court abuse its discretion in denying TSC’s motion to reconsider its summary judgment ruling. Remands with instructions to enter summary judgment for TSC.

Floyd Smith v. State of Indiana (mem. dec.)
21A-CR-905
Criminal. Affirms Floyd Smith’s conviction of murder and his sentence to 60 years in the Indiana Department of Correction. Finds the Tippecanoe Superior Court did not abuse its discretion by refusing to instruct the jury of a lesser-included offense. Also finds the charging information did not constitute fundamental error. Finally, finds Smith’s sentence was not inappropriate.