Opinions Jan. 31, 2024

The following 7^th Circuit Court of Appeals opinion was posted after IL deadline on Tuesday:
Benjamin Adams v. Christina Reagle, et al.
21-1730
Appeal from the United States District Court for the Southern District of Indiana, Terre Haute Division. Judge James Patrick Hanlon.
Civil. Affirms the grant of summary judgment to the defendants on Benjamin Adams’ allegations of violations of his rights under the First and Eighth Amendments as well as his due process and equal protection rights under the 14^th Amendment. Finds there was insufficient evidence to prove that Adams was charged with assault because he had complained about being removed from kitchen duty. Also finds any due process error was harmless, and the evidence does not support a finding that Adams was treated more harshly than a white inmate or that a prison official took adverse action against him out of racial bias. Finally, finds that even if the defendants were aware of the conditions of the restricted housing unit, there is no evidence that they had authority to change those conditions. Judge Ilana Rovner dissents as to the due process holding. Judge Amy St. Eve concurs with separate opinion, joined by Judge Thomas Kirsch.

Wednesday opinions
Court of Appeals of Indiana
Spencer Turner v. Mark Sevier
23A-MI-1053
Miscellaneous. Reverses the Henry Circuit Court’s summary disposition of Spencer Turner’s post-conviction relief petition. Finds the post-conviction court erred. Remands for the trial court to hold an evidentiary hearing to determine whether the state is able to show good cause for the delay in holding Turner’s revocation hearing, or whether he is entitled to have the alleged parole violations dismissed.

In the Matter of N.E., Minor Child Alleged to be a Child in Need of Services; C.E. (Mother) and S.E. (Father) v. Indiana Department of Child Services
23A-JC-996
Juvenile CHINS. Affirms and reverses in part the finding that N.E. is a child in need of services and the order holding mother C.E. and father S.E. in contempt. Finds the second petition was not barred by res judicata. Also finds C.E.’s due process rights were not violated, and the parents have failed to establish an abuse of discretion in the admission of evidence at the factfinding hearing. Finally, finds the grant of the second petition was not clearly erroneous, but the Vigo Circuit Court abused its discretion by finding S.E. in contempt because the court failed to follow the statutory procedures and considered improper evidence.

Stevie Bradley v. State of Indiana
22A-CR-2317
Criminal. Grants rehearing and affirms in all respects the appellate court’s opinion that vacated Stevie Bradley’s convictions because Bradley was not brought to trial within 70 days pursuant to Indiana Criminal Rule 4(B). Finds Bradley did not abandon or otherwise act inconsistently with his early trial motion. Also finds the state did not file a motion to continue the trial if it was “functionally impossible” to bring Bradley to trial within eight days, and the St. Joseph Superior Court did not “take note of congestion or an emergency without the necessity of a motion” and order a continuance that would not have been chargeable to the state. Judge Elaine Brown dissents with separate opinion.

Amanda Ping v. Margaret Inman, M.D.
23A-CT-251
Civil tort. Reverses the denial of Amanda Ping’s motion to correct error based on juror misconduct after the jury verdict in favor of Dr. Margaret Inman. Finds the Marion Superior Court abused its discretion when it denied Ping’s request for an evidentiary hearing. Remands with instructions to hold an evidentiary hearing on the issue of juror misconduct.

Jeremy L. Dale v. State of Indiana (mem. dec.)
21A-PC-1694
Post-conviction relief. Affirms the Marion Superior Court’s denial of Jeremy Dale’s petition for post-conviction relief. Finds Dale has not shown that the post-conviction court clearly erred.

Billy Weathers, Jr. v. State of Indiana (mem. dec.)
23A-CR-856
Criminal. Affirms Billy Weathers Jr.’s convictions of Level 2 felony cocaine dealing, Level 2 felony dealing a narcotic drug, Level 6 felony resisting law enforcement and Class A misdemeanor carrying a handgun without a license. Finds the second stop of Weathers was justified pursuant to the Fourth Amendment, so the Marion Superior Court did not abuse its discretion in denying his motion to suppress evidence on the basis that the first stop was impermissibly lengthened. Also finds police had probable cause to believe there were drugs in the Suburban. Finally, finds Weathers has failed to establish that the trial court abused its discretion in admitting evidence collected from the Suburban or his house.

Patrick E. Doyle v. State of Indiana (mem. dec.)
23A-CR-886
Criminal. Affirms Patrick Doyle’s murder conviction and his 85-year sentence. Finds the Bartholomew Circuit Court did not err by admitting a substitute pathologist’s testimony or by denying a mistrial. Also finds the trial court did not abuse its discretion in denying Doyle’s motion to continue on the eve of trial. Finally, find Doyle’s sentence is not inappropriate.

Kevin Martin v. John Broden, John Marnocha, and Kaitlyn Holmecki (mem. dec.)
23A-CT-936
Civil tort. Affirms the St. Joseph Circuit Court’s dismissal of Kevin Martin’s complaint against Judges John Broden and John Marnocha and Kaitlyn Holmecki in connection with a public records request. Finds Martin’s complaint seeks monetary relief from the defendants, who are immune from liability for such relief, and it is frivolous.

Jayme Lopez v. State of Indiana (mem. dec.)
23A-CR-1225
Criminal. Affirms Jayme Lopez’s convictions for two counts of Level 2 felony burglary, Level 4 felony escape, Level 5 felony criminal recklessness, Level 6 felony theft of a firearm, Level 6 felony pointing a firearm and Level 6 felony resisting law enforcement, and his 82-year aggregate sentence. Finds the Newton Superior Court did not abuse its discretion when it denied Lopez’s motion to hire an expert witness or his motion to continue. Also finds the court did not abuse its discretion when it identified aggravating circumstances encompassing the nature of the offenses or when it imposed consecutive sentences. Finally, it finds Lopez’s sentence is not inappropriate in light of the nature of the offenses or his character.

Amy R. Lee v. Anonymous Physician Group and Anonymous Hospital, and Commissioner of the Indiana Department of Insurance and Neil Bemenderfer, Panel Chair (mem. dec.)
23A-MI-1228
Miscellaneous. Affirms the Wayne Circuit Court’s dismissal with prejudice of Amy Lee’s proposed medical malpractice complaint pending before the Indiana Department of Insurance. Finds no abuse of discretion.

Damian Profancik v. Leah Profancik (mem. dec.)
23A-DR-1232
Domestic relations. Affirms the Johnson Superior Court’s calculation of father Damian Profancik’s child support arrearage at more than a quarter-million dollars. Finds the trial court properly used the evidence it had to determine Profancik’s arrearage. Also finds the trial court erred in calculating his 2018 income. Remands to correct that error.

In the Matter of the Termination of the Parent-Child Relationship of M.S. (Minor Child); J.S. (Mother) v. Indiana Department of Child Services (mem. dec.)
23A-JT-1434
Juvenile termination of parental rights. Affirms the Vigo Circuit Court’s order mother terminating J.S.’s parental rights to her minor son, M.S. Finds the procedural irregularities that J.S. claims occurred during the CHINS proceedings did not deny her due process. Als finds the court’s decision to terminate her parental rights was not clearly erroneous.

Shane Michael Turner v. State of Indiana (mem. dec.)
23A-CR-1487
Criminal. Affirms Shane Michael Turner’s convictions of Level 3 felony aggravated battery, Level 6 felony criminal recklessness and being a habitual offender, and his 34-year sentence. Finds the Switzerland Circuit Court did not abuse its discretion when it admitted the challenged hearsay testimony. Also finds Turner’s sentence is not inappropriate in light of the nature of the offense and his character.

In the Matter of the Adoption of A.F. (Minor Child); D.H. v. T.W. (mem. dec.)
23A-AD-1619
Adoption. Affirms the Lake Superior Court’s order granting T.W.’s petition to adopt A.F. Finds the trial court did not err in granting the adoption petition.

Jeremy D. Myers v. State of Indiana (mem. dec.)
23A-CR-1637
Criminal. Affirms the Adams Circuit Court’s sanction when it revoked Jeremy Myers’ probation. Finds the trial court did not abuse its discretion in ordering Myers to serve 1,373 days of his previous suspended sentence.

M&K Truck Center of Gary, LLC v. Rita M. Tafelski (mem. dec.)
23A-CT-1662
Civil tort. Affirms the Lake Superior Court’s denial of M&K Truck Centers of Gary LLC’s motion for costs and attorney fees in litigation with Rita Tafelski. Finds the trial court did not abuse its discretion by denying M&K’s motion for costs and attorney fees.

In the Matter of the Involuntary Termination of the Parent-Child Relationship of: D.M. (Child), and D.L. (Father) v. Indiana Department of Child Services, and Johnson County CASA (mem. dec.)
23A-JT-1951
Juvenile termination of parental rights. Affirms the Johnson Circuit Court’s order terminating father D.L.’s parental rights of his minor child, D.M. Finds the findings challenged by D.L. are supported by the evidence, and those findings support the trial court’s conclusions that the reasons for D.M.’s removal or continued placement outside the home will not be remedied and that termination of parental rights is in the child’s best interests.

Brian D. Minnick v. State of Indiana (mem. dec.)
23A-CR-2024
Criminal. Affirms Brian Minnick’s six-year sentence for Level 5 felony intimidation. Finds the Monroe Circuit Court did not abuse its discretion in sentencing Minnick, and his placement in the Department of Correction is not inappropriate.

In the Matter of Ro.B., Rh.B., and Te.N. (Children in Need of Services): Hamilton County GAL/CASA Program v. Indiana Department of Child Services (mem. dec.)
23A-JC-2149
Juvenile CHINS. Reverses the Hamilton Superior Court’s dismissal of the children in need of services petitions. Finds the court wrongfully believed that it lacked discretion and that it was obligated to grant the Department of Child Services’ motion to dismiss. Remands for further proceedings.

Deborah Sue Swenson v. State of Indiana (mem. dec.)
23A-CR-966
Criminal. Affirms Deborah Sue Swenson’s conviction of Class B misdemeanor criminal mischief and the imposition of a $35 fine. Finds the state presented sufficient evidence to support Swenson’s conviction. Also finds the Greene Superior Court did not abuse its discretion by finding Swenson indigent, not holding another indigency hearing, imposing a $35 fine during sentencing and ordering that she shall not be imprisoned for failure to pay fines or costs.

Chanse Lamar Oliver v. L.M.H. (mem. dec.)
23A-PO-1853
Protective order. Dismisses Chanse Lamar Oliver’s appeal of the issuance of a six-month protective order against him in favor of L.M.H. Finds the case is moot.

In re the Involuntary Termination of the Parent-Child Relationship A.H. (Minor Child) and E.M. (Mother) v. Indiana Department of Child Services, and Lake County Court Appointed Special Advocate (mem. dec.)
23A-JT-1961
Juvenile termination of parental rights. Affirms the involuntary termination of mother E.M.’s parental rights to her minor child, A.H. Finds sufficient evidence supports the Lake Superior Court’s conclusion that there is a reasonable probability of unchanged conditions. Also finds sufficient evidence supports the trial court’s conclusion that termination was in the child’s best interests.