Opinions Aug. 20, 2015

7th Circuit Court of Appeals
The following opinion was filed after IL deadline Wednesday:
Jeffrey Allen Rowe v. Monica Gibson, et al.
14-3316
Appeal from the U.S. District Court, Southern District of Indiana, Indianapolis Division
Judge Sarah Evans Barker
Civil. Affirms in part, reverses in part and remands. Affirms summary judgment in favor of prison defendants on most claims of deliberate indifference to inmate Rowe’s claim of pain for being denied Zantac to treat esophageal reflux, but reverses as to Dr. William Wolfe, a contract physician at the Department of Correction. Also reverses summary judgment in favor of two defendants on Rowe’s claim of retaliation. Judge Richard Posner wrote for the majority joined in a separate concurrence by Judge Ilana Rovner that the District Court erred in granting summary judgment on those it reversed, finding that Rowe’s claims of pain, the timeline of his inability to obtain Zantac and the limited Internet research the judge undertook substantiated disputes that could not be disposed on summary judgment. Judge David Hamilton would allow Rowe’s retaliation claims to proceed, but not his deliberate indifference claims. The majority’s independent research was “an unprecedented departure from the proper role of an appellate court” that “runs contrary to long-established law and raises a host of practical problems the majority fails to address,” Hamilton wrote.

Indiana Tax Court
R. R. Donnelley & Sons Company v. Indiana Department of State Revenue
49T10-1203-TA-14
Tax. Grants summary judgment in favor of the Department of Revenue, holding that shipping pallets purchased by the company for the 2007, 2008 and 2009 tax years are returnable containers subject to Indiana use tax and do not qualify for the state’s nonreturnable container exemption.

Indiana Court of Appeals
Uthman Cavallo, M.D. v. Allied Physicians of Michiana, LLC
71A05-1406-PL-285
Civil plenary. Affirms and remands for proceedings an award of attorney fees in favor of Allied, which prevailed against Cavallo in a breach of employment contract lawsuit. Allied’s claim was not barred by res judicata, the trial court did not err in denying Cavallo a jury trial on the issue of attorney fees and the trial court did not abuse its discretion in determining a reasonable amount of attorney fees. Remands for the trial court to consider Allied’s request for appellate attorney fees.

Jamar Washington v. State of Indiana
49A02-1405-CR-306
Criminal. Reaffirms previous decision affirming Washington’s conviction of dealing in cocaine, a Class A felony. Finds that even in light of the SCOTUS 2015 decision in Rodriguez v. United States, the stop by police that netted illegal drugs did not last an unreasonable amount of time.

Pardip Singh v. State of Indiana
49A02-1410-CR-717
Criminal. Affirms convictions and 15-year aggregate sentence for attempted promotion of human trafficking, a Class B felony; criminal confinement, a Class C felony; and intimidation, a Class D felony. Finds the state presented sufficient evidence to support Singh’s conviction of attempted promotion of human trafficking. Concludes none of Singh’s convictions violate double jeopardy and the trial court did not abuse its discretion in sentencing.

Maurice Knight v. State of Indiana
27A02-1411-CR-814
Criminal. Affirms convictions and six-year aggregate sentence for two counts of invasion of privacy, Class D felonies, and four counts of intimidation, Class D felonies. Finds the sheriff’s deputies, Knight’s girlfriends and her mother all identified Knight as calling or texting the threatening messages. Holds the trial court could reasonably conclude from the evidence that Knight sent the messages in violation of the protective order.   

Emily Duncan v. State of Indiana (mem. dec.)
67A01-1503-PC-102
Post conviction. Affirms denial of Duncan’s petition for post-conviction relief.

Demetrius Buntin v. State of Indiana (mem. dec.)
70A01-1501-CR-20
Criminal. Affirms conviction of dealing in cocaine, a Class A felony. Reverses convictions of possession of cocaine in excess of 3 grams, a Class C felony, and possession of cocaine and a firearm, a Class C felony. Finds the Class C felony convictions violated double jeopardy principles.

Daquion L. Shears v. State of Indiana (mem. dec.)
02A05-1501-CR-31
Criminal. Affirms revocation of probation.

Emery D. Scruggs v. State of Indiana (mem. dec.)
48A04-1412-CR-562
Criminal. Affirms revocation of probation.

In re the paternity of T.M. T.M., by next friend, Jeffrey D. Drinkski, Newton County Prosecuting Attorney and L.M. v. D.H. (mem. dec.)
56A03-1409-JP-324
Juvenile paternity. Affirms modification of physical custody of T.M. to his father, D.H.

Eddie Wilkerson v. Robert R. Carr and Lawyer Transport, Inc. (mem. dec.)
29A05-1410-CT-490
Civil tort. Affirms jury verdict in favor of the defendants. Jury concluded Wilkerson was 60 percent at fault for the collision and the defendants were 40 percent at fault.

In Re the Termination of the Parent-Child Relationship of: E.B. (a Minor Child) and B.H. (Father) v. Ind. Dept. of Child Services (mem. dec.)
21A01-1501-JT-37
Juvenile. Affirms termination of parental rights of B.H. to his daughter, E.B.

Maurice Knight v. State of Indiana (mem. dec.)
27A02-1411-CR-816
Criminal. Affirms conviction and two-and-a-half-year sentence for attempted obstruction of justice, a Level 6 felony.

Family Dollar Stores of Indiana, L.P., Family Dollar Holdings, Inc., and Baugo Creek Realty, LLC v. Charissa A. Heeter, Anthony P. Heeter et al (mem. dec.)
71A04-1412-CT-569
Civil tort. Affirms denial of summary judgment motion filed by Family Dollar. Heeters filed a negligence complaint after a driver lost control of his car and crashed through the Family Dollar in South Bend, injuring shoppers. COA finds retailer did not meet the initial burden of demonstrating the absence of any genuine issue of fact as to foreseeability.