Opinions March 18, 2024

The following opinions were published after IL’s deadline Friday:

 7^th Circuit Court of Appeals
John J. Petr, Trustee for BWGS, LLC v. BMO Harris Bank N.A. and Sun Capital Partners VI, L.P.
23-1931
Bankruptcy from district court. Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Jane Magnus-Stinson. Affirms the district court’s finding that the stock purchase agreement, bridge loan authorization agreement, and Sun Capital guaranty all qualified as securities contracts, and the transfer was made “in connection with” these securities contracts and that § 546(e)’s safe harbor barred the BWGS, LLC trustee’s claims. Also finds the district court did not err in directing the bankruptcy court to dismiss the trustee’s complaint with prejudice.

Monday opinions

Indiana Court of Appeals
John Brennan Larkin v. State of Indiana (mem. dec.)
23A-PC-1081
Post conviction. Affirms the LaPorte Superior Court’s denial of John Larkin’s post conviction relief petition. Finds that Larkin did not prove that he received ineffective assistance of counsel because he suffered no prejudice from any alleged mistake.

In the Matter of Ja.D., D.B., S.B., M.B., Je.D., O.B., and N.B., Minor Children Alleged to be Children in Need of Services; M.B. (Mother) v. Indiana Department of Child Services (mem. dec.)
23A-JC-2170
Juvenile CHINS. Affirms Delaware Circuit Court’s order determining that M.B.’s minor children Ja.D., D.B., S.B., M.B., Je.D., O.B., and N.B. are children in need of services. Finds the mother’s arguments on appeal are waived for failure to support them with cogent reasoning. Also finds the juvenile court did not violate the mother’s due process rights by addressing the mother’s concerns about visitation after the court appointed counsel to represent her.

Kevin Faughnder v. Amy Nondorf f/k/a Amy Faughnder (mem. dec.)
23A-DR-1000
Domestic relations. Affirms the Porter Superior Court’s denial of Kevin Faughnder’s motion to amend or replace a military pension division order in his dissolution proceeding. Finds the trial court did not err when it found that the wife did not commit fraud on the court. Also finds the husband has not shown that the second MPDO was void.

William E. Jenkins v. State of Indiana (mem. dec.)
23A-CR-1033
Criminal. Affirms William Jenkins’ s conviction of murder IN Marion Superior Court after a jury trial and his sentence of 60 years in the Indiana Department of Correction. Finds the state proved by circumstantial evidence beyond a reasonable doubt that Jenkins committed Yolanda Moffitt-Santiago’s murder. Also finds the trial court’s instruction that the jury continue to deliberate did not amount to fundamental error.

Antoine Lamar Williams v. State of Indiana (mem. dec.)
23A-CR-2244
Criminal. Affirms the Harrison Superior Court’s order for Antoine Williams to serve eight years of his previously suspended sentence in the Indiana Department of Correction. Finds find the trial court did not abuse its discretion.

Rebecca L. Roberts v. State of Indiana (mem. dec.)
23A-CR-1787
Criminal. Dismisses Rebecca Roberts’ appeal of the sentence imposed on her in Bartholomew Circuit Court for Level 6 felony convictions of possession of methamphetamine and unlawful possession of a syringe. Finds Roberts entered into a written plea agreement with an explicit provision waiving her right to appellate review of her sentence and thus waived her right to appeal her sentence directly.

Ashley Moothery v. Renewing Management Inc., Managing Agent for the Owner of Chapel Hill Townhomes (mem. dec.)
23A-EV-670
Evictions. Affirms the Marion County Wayne Township Small Claims Court’s judgment for Renewing Management Inc., the managing agent for the owner of Chapel Hill Townhomes. Finds that that Ashley Moothery has failed to demonstrate clear error.

Chaunsey L. Fox v. State of Indiana (mem. dec.)
23A-PC-1699
Post conviction relief. Affirms the St. Joseph Superior Court’s denial of Chaunsey Fox’s petition for post conviction relief. Finds that the evidence supports the post conviction court’s determination that trial counsel rendered Fox effective assistance.

Garrett Hill and Taylor Hill v. William Hayes Hill and Personal Financial Services (mem. dec.)
23A-ES-1843
Estate supervised. Affirms that the Monroe Circuit Court properly entered judgment for breach of fiduciary duty in the estate case. Finds the court abused its discretion in awarding attorney fees.  Also finds that the trial court properly entered judgment in the guardianship case in favor of Hayes but abused its discretion by awarding attorney fees.

R.B. v. State of Indiana (mem. dec.)
23A-JV-2542
Juvenile. Affirms the Washington Superior Court’s order committing R.B. to the wardship of the Indiana Department of Correction. Finds that the trial court’s commitment order is not an abuse of discretion because the evidence supports the juvenile court’s finding that R.B. is a danger to the community.