Opinions Sept. 6, 2023

The following 7th Circuit Court of Appeals opinion was posted after IL deadline Tuesday:
A.B. and D.B., individually and as parents of C.B., a disabled minor v. Brownsburg Community School Corporation
22-1277
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Jane Magnus-Stinson.
Civil. Reverses the district court’s denial of attorney fees to A.B. and D.B. Finds A.B. and D.B. were the prevailing party in an administrative proceeding. Also finds attorney fees could be awarded. Remands for further consideration.

Wednesday opinions

Court of Appeals of Indiana
Matthew D. Englehardt v. State of Indiana
22A-CR-1760
Criminal. Reverses Matthew Englehardt’s convictions of Level 4 felony sexual misconduct with a minor and three counts of Level 5 felony sexual misconduct with a minor. Finds the Wells Circuit Court abused its discretion when it granted the state’s motion for a mistrial subjecting Englehardt to procedural double jeopardy when it retried the case. Judge Terry Crone concurs with a separate opinion. Judge Dana Kenworthy dissents with a separate opinion.

Ashlea Dunkerly and Caleb Dunkerly, as Parents and Next Friends of B.D., a Minor, v. Jamie Bean (mem. dec.)
23A-CT-1038
Civil tort. Reverses Greene Superior Court’s grant of Jamie Bean’s motion to strike paragraphs of David Myers’ affidavit and the court’s grant of summary judgment for Bean. Finds the trial court erred when it entered summary judgment for Bean, and it abused its discretion when it struck paragraphs of Myers’ affidavit. Remands for further proceedings.

Mario L. Hollins v. State of Indiana (mem. dec.)
23A-PC-280
Post conviction relief petition. Affirms Lake Superior Court’s denial of Marion Hollins petition for post conviction relief. Finds that Hollins appellate counsel was not ineffective for failing to proffer an argument based on an inaccurate reading of Hollins’ plea agreement.

Ronda Randall, as Personal Representative of the Estate of Julian M. Roache, and as Personal Representative of the Estate of Joanne F. Roache, Beneficiary of the Julian M. Roache Revocable Living Trust v. Anita J. Woodson, individually and in her capacity as Trustee of the Julian M. Roache Revocable Living Trust (mem. dec.)
22A-PL-2830
Civil plenary. Reaffirms in substance a June 19, 2023, opinion that affirms the Marion Superior Court’s dismissal order regarding Ronda Randall’s complaint against Anita Woodson, but grants rehearing for the limited purpose of clarifying the opinion in one respect. Clarifies that it remands for further proceedings.