Opinions Aug. 31, 2015

7th Circuit Court of Appeals
Michael A. Kelley v. Greg Zoeller, Indiana Attorney General
14-2961
Appeal from the U.S. Court for the Northern District of Indiana, Hammond Division
Judge Theresa L. Springmann
Affirms the District Court’s dismissal for lack of jurisdiction of Kelley’s suit alleging that under a plea deal struck in a robbery case in 1975, his conviction should have been expunged. No expungement statute existed then, and Indiana courts have determined that Kelley waited too long to challenge the 1975 robbery conviction.

Dr. Subah Packer, Ph.D. v. Trustees of Indiana University School of Medicine
15-1095
Appeal from the U.S. Court for the Southern District of Indiana, Indianapolis Division
Judge Tanya Walton Pratt
Civil. Affirms summary judgment in favor of the IU defendants on Packer’s sex discrimination claims. Summary judgment was properly entered based on the defects in Packer’s response to the motion in the District Court, and her counsel’s attempt to rectify the omissions on appeal are too late.

Indiana Court of Appeals
Jason Stanke v. Nicole Swickard
29A02-1412-DR-862
Domestic relation. Reverses three contempt orders against Stanke. Finds trial court erred by not clearly and distinctly setting forth the facts underlying the contempt citation as required by state statute. Rules the jail sentence the trial court imposed on Stanke was purely punitive and impermissible. Remands with instructions to decide the appropriate attorney fees since the contempt orders have been overturned.
 
Gordon A. Etzler v. Indiana Department of Revenue
50A04-1406-PL-285
Civil plenary. Affirms on rehearing reversal of summary judgment in favor of the department. I.C. 6-8.1-8-8 does not grant the department statewide levying authority and sections of the Uniform Commercial Code cited by the department do not entitle it to priority in the breeder’s award proceeds from the Indiana Horse Racing Commission that it levied upon.

Anthony Lamar Caldwell v. State of Indiana
22A01-1411-CR-479
Criminal. Affirmed in part, reversed in part and remanded. Affirms conviction of Class A felony burglary and attempted rape, finding that admission of evidence of Caldwell’s subsequent peeping was harmless error because DNA evidence connected Caldwell to a New Albany home break-in and brutal assault of a woman. Reverses conviction of the attempted rape charge as a Class A felony, finding the enhancement of that count is based on the same facts which elevated the burglary charge to a Class A felony due to the deadly force nature of the victim’s injuries. Remands to the trial court to enter the attempted rape conviction as a Class B felony, reducing Caldwell’s sentence from 100 years to 70 years in prison.

Jeremy Virant v. State of Indiana (mem. dec.)
89A05-1502-CR-85
Criminal. Affirms 42-year sentence for Class A felony burglary, enhanced by 30 years for being a habitual offender.  

Kevin Hiten v. State of Indiana (mem. dec.)
03A01-1503-CR-126
Criminal. Affirms aggregate eight-year sentence for pleading guilty to Class D felony possession of methamphetamine, Class D felony possession of a single precursor and to being a habitual substance offender.

Shamar D. Shelton v. State of Indiana (mem. dec.)
02A04-1502-CR-56
Criminal. Affirms 15-year sentence for conviction of Class B felony unlawful possession of a firearm by a serious violent felon.

Charles Robinson v. State of Indiana (mem. dec.)
36A04-1504-CR-141
Criminal. Reverses trial court’s calculation of Robinson’s pre-sentencing time and credit. Finds trial court made incorrect calculations in the March 4, 2015, sentencing order and failed to include the previously accrued credit from the Feb. 7, 2014, sentencing order. Remands with instructions for re-calculation.

In the Matter of the Involuntary Termination of the Parent-Child Relationship of, L.P. (Minor Child), and, B.A. (Mother) v. The Indiana Department of Child Services (mem. dec.)
49A05-1501-JT-24
Juvenile. Affirms termination of parental rights of B.A. (mother) to her child, L.P.

Karl A. Wikstrom, Jr. v. State of Indiana (mem. dec.)
52A02-1502-CR-65
Criminal. Affirms aggregate 124-year sentence following conviction of four counts of Class A felony child molestation; one count of Class C felony child molesting; and one count of Class D felony child solicitation.

Samuel Bellamy v. State of Indiana (mem. dec.)
49A05-1412-CR-562
Criminal. Affirms convictions of strangulation and domestic battery, both as Class D felonies.

Steven A. Curry, Jr. v. State of Indiana (mem. dec.)
22A01-1503-CR-87
Criminal. Affirms aggregate 10-year executed sentence for pleading guilty to Class B felony dealing in a narcotic drug and to being a habitual substance offender. Finds trial court entered a separate sentence on Curry’s habitual substance offender status instead of enhancing his sentence for the dealing conviction. Remands with instructions to correct the order to show the four-year habitual substance offender enhancement is part of Curry’s felony sentence.