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The following 7th Circuit Court of Appeals opinion was posted after IL deadline Monday:
William I. Babchuk, et al. v. Indiana University Health, Inc., et al.
15-1816
U.S. District Court for the Southern District of Indiana, Indianapolis Division. Judge Jane E. Magnus-Stinson.
Civil. Affirms summary judgment in favor of the defendants. Finds Babchuk did not present evidence that supported his argument that the suspension of his medical privileges harmed his ability to find other employment. Rules although Babchuk’s employer, Tipton Hospital, is an arm of IU Health, the termination of privileges was not a state action.
Tuesday's opinions
Indiana Court of Appeals
Michael G. Hays v. Shanna Hays
62A04-1501-DR-33
Domestic relation. Reverses a court order that declared a Wyoming court order on father’s child support arrearage null and void. Vacates a trial court order precluding either party from taking the dependent exemption on their income taxes and remands for proceedings.
Christopher Rondeau v. State of Indiana
49A02-1505-PC-427
Post-conviction. Affirms denial of petition for post-conviction relief. The trial court did not err when it permitted the state’s requests for admission of a substituted response; did not commit reversible error when it allowed the state to file late proposed findings and conclusions; did not commit reversible error when it denied some of Rondeau’s requests for subpoenas without findings; did not err in concluding Rondeau did not receive ineffective assistance of trial or appellate counsel.
In the Matter of the Guardianship of Natalie N. Stant Adult, Jeffrey Stant v. William Stant and Natalie Stant
07A01-1504-GU-139
Guardianship. Reverses and remands the denial of Jeffrey Stant’s “Action in Mandamus to Compel Delivery of Accounting.” Finds the amendments to Indiana Code 30-5-6-4 do not specify that only those who have applied for power of attorney prior to July 1, 2012, may receive an accounting of the principal’s finances.
Enemias Mezo-Reyes v. State of Indiana (mem. dec.)
53A01-1508-CR-1059
Criminal. Affirms denial of motion for bond reduction.
Harrison Lime v. State of Indiana (mem. dec.)
32A01-1506-CR-595
Criminal. Affirms conviction for domestic battery as a Class D felony.
Paul R. Black and Jane I. Black v. Deutsche Bank National Trust Company as Trustee for Ameriquest Mortgage Securities, Inc., Asset-Backed Pass-Through Certificates Series 2006-R2 (mem. dec.)
29A02-1503-MF-149
Mortgage foreclosure. Reverses grant of summary judgment for Deutsche Bank, finding genuine issues of material fact regarding default.
Stephanie Olson v. Capital First Realty, Inc., Williamsburg Manor Corp., and Williamsburg Manor Limited Partnership, Williamsburg Manor MHC, LLC (mem. dec.)
64A05-1506-CT-815
Civil tort. Affirms summary judgment in favor of Capital First Realty Inc., Williamsburg Manor Corp., Williamsburg Limited Partnership and Williamsburg Manor MHC LLC.
Richard Lee Nicholson v. State of Indiana (mem. dec.)
48A02-1506-CR-605
Criminal. Affirms aggregate sentence of eight years for nonsupport of a dependent child as a Class C felony.
Essam Otefi v. Doaa Ebrahim (mem. dec.)
76A03-1506-DR-662
Domestic relation. Affirms denial of contempt petition. Also affirms increasing Otefi’s weekly child support obligation to $498 per week. Reverses award of attorney fees.
Paul D. Newcomb, Jr. v. State of Indiana (mem. dec.)
20A05-1503-CR-108
Criminal. Affirms conviction of dealing in methamphetamine as a Class B felony.
In the Matter of the Term. of the Parent-Child Relationship of M.B., Mother, and J.W., Father, and W.B., Child, M.B. and J.W. v. Ind. Dept. of Child Services (mem. dec.)
35A02-1505-JT-360
Juvenile. Affirms order terminating parental rights of mother M.B. and father J.W. to their child, W.B.
Armando Gonzalez, Jr. v. State of Indiana (mem. dec.)
20A03-1504-CR-133
Criminal. Remands for resentencing with the convictions for robbery and criminal confinement as Class B felonies. Finds trial court erred when it reduced Gonzalez’s convictions for robbery and criminal confinement from Class B to Class C felonies based on double jeopardy concerns.
Jeremy McCool v. State of Indiana (mem. dec.)
15A01-1505-CR-336
Criminal. Affirms revocation of McCool’s probation.
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