Opinions Feb. 13, 2018

The following 7th Circuit Court of Appeals opinion was posted after IL deadline Monday:
David Thorne v. Member Select Insurance Company
17-1377
Appeal from the United States District Court for the Northern District of Indiana, Hammond Division. Magistrate Judge John. E. Martin.
Civil. Affirms the denial of Member Select Insurance Company’s motion for judgment as a matter of law. Finds there was sufficient evidence to prove David Thorne was a resident of the house for purposes of his insurance policy. Also finds there was sufficient evidence for the jury to determine damages, and the district court did not misinterpret the policy’s loss coverage provision in evaluating whether the evidence was sufficient to support the jury’s damages award.

Tuesday opinions
Indiana Supreme Court
Roy Lee Ward v. Robert E. Carter, Jr., Commissioner of the Indiana Department of Correction, and Ron Neal, Superintendent of the Indiana State Prison, In Their Official Capacities
46S03-1709-PL-00569
Civil plenary. Affirms the dismissal of Roy Lee Ward’s complaint. Finds the Department of Correction’s decision to add Brevital to Indiana’s lethal injection cocktail does not carry the effect of law, so the new three-drug protocol is not a rule and is not subject to the Administrative Rules and Procedures Act.

Indiana Court of Appeals
Shawn McBride v. State of Indiana
11A01-1706-CR-1236
Criminal. Affirms Shawn McBride’s conviction for criminal trespass as a Class A misdemeanor. Finds McBride’s conviction did not violate Article 1, Section 9 of the Indiana Constitution.

John E. Moriarity and Mae E. Moriarity v. Indiana Department of Natural Resources
27A04-1612-PL-2731
Civil plenary. Affirms the Grant Circuit Court’s order affirming the Natural Resources Commission’s decision in favor of the Indiana Department of Natural Resources following the DNR’s notice of violation issued to John and Mae Moriarity. Finds DNR did not unlawfully exercise its jurisdiction. Also finds the commission’s decision on whether DNR properly determined the Moriaritys’ dam is a “high hazard” dam is not contrary to law. Finally, finds the Moriaritys waived their argument that the DNR’s final order “exceeded the agency’s statutory authority.”

Vaughn Whitt v. State of Indiana
39A01-1612-CR-2921
Criminal. Affirms Vaughn Whitt’s convictions for multiple offenses, including murder. Finds the Jefferson Circuit Court did not err in the admission of evidence. Also finds the evidence was sufficient to support Whitt’s murder conviction.
 
John Clarence Toschlog v. State of Indiana (mem. dec.)
64A03-1707-CR-1586
Criminal. Affirms the denial of John Clarence Toschlog’s motion to suppress evidence obtained as a result of a search of his vehicle. Finds the Porter Superior Court did not err in denying Toschlog’s motion to suppress.
 
In the Matter of the Involuntary Termination of the Parent-Child Relationship of Z.C. and L.C. (Minor Children) and N.S. (Mother), et al. v. The Indiana Department of Child Services (mem. dec.)
85A02-1710-JT-2386
Juvenile termination of parental rights. Affirms the involuntary termination of N.S. and J.C.’s parental rights to their minor children, Z.C. and L.C. Finds the Department of Child Services presented sufficient evidence to support the trial court’s termination of parental rights.

James Pumphrey v. State of Indiana (mem. dec.)
88A04-1707-PC-1568
Post-conviction. Affirms the denial of James R. Pumphrey’s petition for post-conviction relief. Finds Pumphrey’s guilty plea was knowing, intelligent and voluntary.
 
In Re: The Marriage of: Maher N. Daklalla v. Rana E. Dahdal, f/k/a Rana E. Daklalla (mem. dec.)
45A03-1708-DR-1947
Domestic relation. Affirms and reverses in part the order modifying Rana Dahdal’s parenting time with her child with Maher Daklalla, L.D., and finding Daklalla in contempt of court. Finds the Lake Superior Court did not shift the burden of proof to Daklalla on Dahdal’s petition to modify parenting time. Also finds the trial court abused its discretion when it found Daklalla in contempt of the dissolution decree. Finally, finds the trial court abused its discretion when it entered an injunction against Daklalla.
 
Myriah Greiner v. Nicholas Greiner (mem. dec.)
18A02-1707-DR-1638
Domestic relation. Affirms the order modifying primary custody of Myriah Greiner’s daughter. Finds the findings of fact and conclusions show the Delaware Circuit Court considered H.G.’s whole environment and her overall welfare when it modified custody. Also finds the trial court did not err when it modified custody of H.G., ultimately splitting custody of the children without explanation or reference to any authority.

Dylan J. Carley v. State of Indiana (mem. dec.)
03A05-1708-CR-2014
Criminal. Affirms Dylan J. Carley’s 36-year executed sentence in the Department of Correction for his conviction of two counts of Level 3 felony child molesting and Level 4 felony sexual misconduct. Finds Carley’s sentence is not inappropriate in light of the nature of his offenses and his character.