Opinions March 22, 2024

The following opinions were published after IL’s deadline Thursday:
7th Circuit Court of Appeals
Mark A. Patterson v. Howard Howe
22-2602 & 22-3083
Civil. Appeals from the United States District Court for the Southern District of Indiana, Indianapolis Division. Magistrate Judge Debra McVicker Lynch. Vacates the district court’s summary judgment to Mark Patterson and the award of statutory damages of $1,000 to Patterson and more than $58,000 in attorney fees and costs. Finds Patterson lacks standing to bring his claim because he was not concretely harmed by Howard Howe’s alleged statutory violation. Remands to the district court to dismiss the case for lack of subject matter jurisdiction.

United States of America v. LaTonya R. Foxx
22-1360, 22-1761
Criminal. Appeals from the United States District Court for the Northern District of Indiana, Hammond Division, Judge Jon DeGuilio.  Affirms the district court’s order for LaTonya Fox to pay $1,261,903. Finds the district court did not commit an error that was “plain” in treating the conduct as part of one scheme, particularly given that all of the conduct took place over the same time period, with the same victim, and for the same goal of obtaining fraudulent tax refunds.

Friday opinions
Indiana Court of Appeals
DeMarcus Hazelwood v. The Common Wealth Apartments
23A-EV-1404
Eviction. Reverses the Center Township Small Claims Court’s judgment in favor of Common Wealth on its claim for possession of DeMarcus Hazelwood’s apartment. Finds Common Wealth violated federal law by failing to give Hazelwood a 30-day notice to vacate as required by 15 U.S.C. § 9058(c) before initiating eviction proceedings against him. Remands with instructions to dismiss Common Wealth’s notice of claim. Judge L. MarK Bailey concurs with separate opinion.

Tyron Johnson v. State of Indiana (mem. dec.)
23A-PC-2556
Post conviction relief. Affirms the St. Joseph Superior Court’s denial of Tyron Johnson’s post conviction petition challenging his conviction for murder. Finds Johnson was not denied the effective assistance of trial or appellate counsel and the court did not clearly err in denying Johnson post conviction relief.

In the Matter of S.W., Child in Need of Services, and L.D. (Mother) v. Indiana Department of Child Services (mem. dec.)
23A-JC-2154
Juvenile CHINS. Affirms the Lawrence Circuit Court’s determination that L.D.’s minor daughter, S.W., was a child in need of services. Finds that the evidence was sufficient to support S.W.’s CHINS adjudication.

In the Matter of C.F., A.J., and D.J., Jr. (Minor Children); T.J., (Mother) v. The Indiana Department of Child Services (mem. dec.)
23A-JC-2140
Juvenile CHINS. Affirms the Lawrence Superior Court’s order adjudicating T.J.’s three children, C.F., D.J., Jr. and A.J.to be children in need of services. Finds the Indiana Department of Child Services presented sufficient evidence to support the CHINS adjudications.

Michael A. Byrd v. State of Indiana (mem.dec.)
23A-CR-2511
Criminal. Affirms the Howard Superior Court’s revocation of Michael Byrd’s probation and in home detention. Finds the state presented sufficient evidence to support the revocation of his placement.

Brent A. Taylor v. The Allen County Board of Commissioners, Gregory Fumarolo, and William Lebrato (mem. dec.)
23A-CT-131
Civil tort. Affirms the DeKalb Superior Court’s judgment that public defenders Gregory Fumarolo and William Lebrato and the Allen County Board of Commissioners possess governmental immunity from Brent Taylor’s lawsuit. Finds that all appellees are immune from Taylor’s claims.

Kevin Martin v. Marley Hancock, et al. (mem. dec.)
23A-PL-554
Civil plenary. Affirms the LaPorte Superior Court’s dismissal of Kevin Martin’s complaint against Deputy Attorney General Marley G. Hancock and St. Joseph County Clerk Terri Rethlake. Finds Martin has not presented a cogent argument and any issues he attempted to present on appeal are waived.