Opinions July 31, 2023

The following 7^th Circuit Court of Appeals opinion published after Il’s deadline Friday:

John Doe and A.B. v. Adam Gray, et al.
22-1501
Appeal from the United States District Court for the Northern District of Indiana, South Bend Division. Judge Damon R. Leichty.
Civil. Affirms the U.S. District Court for the Northern District of Indiana’s denial of John Doe and A.B.’s motion to amend their complaint and granted the summary judgment to the defendants. Finds the defendants are entitled to qualified immunity, as there is no clearly established right to privacy in one’s sexual preference or gender identity during a criminal or child welfare investigation. Also finds the totality of the circumstances provided probable cause for the arrests of Doe and A.B., and the Indiana Tort Claims Act provides Gray immunity from plaintiffs’ Indiana intentional infliction of emotional distress claim.

Monday opinions

Court of Appeals of Indiana

Michael O. Cain and Linda A. Raymond et al. v. William J. Huff II Revocable Trust Declaration Dated June 28, 2011, and Nicole E. Huff Revocable Trust Declaration, Dated June 28, 2011
22A-PL-1258
Civil plenary.  Affirms partial summary judgment from Monroe Circuit Court for William and Nicole Huff. Finds the Huffs are entitled only to the declaratory judgment and clarifies that the scope of the trial court’s partial summary judgment. Remands the case for further proceedings.

Vannin Healthcare Global Ltd. V. Illumination International LLC (mem. dec.)
23A-PL-96
Civil plenary. Affirms the judgment of the Indiana Commercial Court Marion Superior Court against Vannin Health Care Global in the amount of $4,358,342.67. Finds it cannot say that the jury’s determination is unreasonable, nor will the court reweigh the evidence.

P&G Associates LLC v. Monroe County Board of Zoning Appeals and Monroe County Plan Commission (mem. dec.)
23A-PL-40
Civil plenary. Affirms the Monroe Circuit Court’s entry of summary judgment for the Monroe County Board of Zoning Appeals and the Monroe County Plan Commission and its denial of P&G’s cross-motions for summary judgment. Finds P&G’s arguments under theories of estoppel or acquiescence are contrary to law.

Jeannie Lake v. Aaron Lake (mem. dec.)
22A-DC-2753
Domestic relations with children. Affirms the Marion Superior Court’s decree in the dissolution of Jennine Lake and Aaron Lake’s marriage on the issue of attorney fees. Reverses the trial court’s property division and remands for reconsideration using the actual loan balance of $280,759.96. Finds the trial court erred in its directions for the equalization payment.

Jordan Cunningham v. State of Indiana (mem. dec.)
23A-CR-862
Criminal. Affirms Jordan Cunningham’s cash-only bail of $250,000 bond following five felony charges for allegedly shooting his wife and battering her. Finds no abuse of discretion in the Clark Circuit Court’s order declining to modify Cunningham’s bail.

Jason M. Hankins v. State of Indiana (mem. dec.)
22A-CR-2846
Criminal. Affirms Jason Hankins convictions for Level 1 felony child molesting. Finds that the grooming evidence was admissible under Indiana Evidence Rule 404(b) and that the state presented sufficient evidence to sustain his conviction.

Fernado Juan Bornstein v. State of Indiana (mem. dec.)
22A-CR-3017
Criminal. Affirms Fernando Bornstein’s sentence and conviction of murder. Finds the evidence supports Bornstein’s conviction and there was no abuse of the Marion Superior Court’s sentencing discretion.

Leonard Rodriguez v. Bethann Fort (mem. dec.)
23A-JP-281
Juvenile paternity. Affirms the Marion Circuit Court’s denial of Leonard Rodriguez’s petition for modification of custody with respect to legal custody of the children. Finds it cannot say the trial court abused its discretion when it denied Rodriguez’s petition to modify the parties’ joint legal custody of the children. Reverses the issue of modification of physical custody of A.R. and remands to the trial court for a determination of whether Bethann Fort has obtained a driver’s license and a vehicle.

Terry L. Slusser v. State of Indiana (mem. dec.)
22A-PC-642
Post conviction relief petition. Affirms the Madison Superior Court’s denial of Terry Slusser’s petition for post-conviction relief. Finds that Slusser has failed to meet his burden of showing that the post-conviction court erred.

Noah Wells v. State of Indiana (mem. dec.)
23A-CR-174
Criminal. Affirms Noah Wells aggregate 18-year sentence for two Level 4 felony counts of operating a vehicle with an alcohol concentration equivalent to at least 0.08 gram of alcohol per 100 milliliters of blood, causing death. Finds his sentence is not inappropriate in light of the nature of the offenses and his character.

Cornelius Powell v. State of Indiana (mem. dec.)
23A-CR-119
Criminal. Affirms Cornelius Powell’s conviction for Level 5 possession of cocaine. Finds the Tippecanoe Superior Court did not commit fundamental error when it admitted into evidence Powell’s statement that the cocaine was his. Also finds it cannot say the trial court committed fundamental error when it did not instruct the jury on the non-exhaustive list of additional circumstance needed to prove constructive possession as set out in its case law.

Michael Lee Anthony Moffatt v. State of Indiana (mem. dec.)
23A-CR-396
Criminal. Affirms Michael Moffatt’s sanction following the Tippecanoe Superior Court’s revocation of his placement on probation. Finds the trial court did not abuse its discretion when it ordered him to serve the balance of his previously suspended sentence in the Indiana Department of Correction.

Larry Blackstock v. State of Indiana (mem. dec.)
22A-CR-2820
Criminal. Affirms Larry Blackstock’s conviction for conspiracy to commit murder as a level 2 felony and the admission of certain evidence. Finds the probable impact of any error in admitting the document, in light of all the evidence in the case, is sufficiently minor and do not affect Blackstock’s substantial rights.

M.S. v. B.J. (mem. dec.)
23A-PO-559
Protection order. Affirms the Lake Superior Court’s denial of M.S.’s petition for an order for protection against B.J. Finds it cannot say the trial court erred.

Jacinda A. Batchelor v. State of Indiana (mem. dec.)
23A-CR-512
Criminal. Affirms the revocation of Jacinda Batchelor’s probation. Finds it cannot say the Fountain Circuit Court abused its discretion in revoking Batchelor’s probation and ordering that she serve the remainder of her previously suspended sentence.

David Barnekow v. Autumn Brickey (mem. dec.)
23A-JP-1064
Juvenile paternity. Reverses the Shelby Superior Court’s order granting a motion to transfer cause. Finds the trial court erred in granting Autumn Brickey’s verified motion to transfer cause to Marion County.