Opinions Nov. 1, 2018

7th Circuit Court of Appeals
United States of America v. Styles Taylor and Keon Thomas
17-2986, 17-3145
Appeals from the United States District Court for the Northern District of Indiana, Hammond Division. Judge James T. Moody. 
Criminal. Affirms Styles Taylor and Keon Thomas’ life sentences. Finds the sentences are reasonable despite Taylor and Thomas’ difficult upbringings, and neither Taylor nor Thomas rebutted the presumption of reasonableness. 

Indiana Supreme Court 
Campbell Hausfeld/Scott Fetzer Company v. Paul Johnson
18S-CT-548
Civil tort. Affirms the grant of partial summary judgment in favor of Campbell Hausfeld/Scott Fetzer Company on Paul Johnson’s defective design claim. Finds misuse is a complete defense to product liability claims, but must be proven. Also finds under the facts and circumstances of the case, Johnson’s misuse of a tool is the cause of his injuries and could not have been reasonably expected by the manufacturer. Remands for proceedings. 

Indiana Court of Appeals 
Company v. Review Board of the Indiana Department of Workforce Development and S.W.  
18A-EX-917
Agency. Affirms the Department of Workforce Development review board’s award of unemployment benefits to S.W. following his voluntary decision to terminate his position with his employer. Finds the review board did not err by determining S.W. was eligible for unemployment benefits when the company failed to provide supporting details about the specific incidents resulting in S.W.’s placement on the improvement plan and his demotion.

Indy Auto Man, LLC v. Keown & Kratz, LLC, and Dustin Stohler
18A-PL-1154
Civil plenary. Reverses the Hamilton Superior Court’s order granting summary judgment in favor of Keown & Kratz, LLC on Indy Auto Man’s legal malpractice complaint. Finds there are genuine issues of material fact as to whether IAM had a reasonable belief that Dustin Stohler was acting as the law firm’s agent based on the firm’s manifestations. Also finds the entry of judgment in favor of the firm was erroneous. Remands for further proceedings. 

Crosby Rayne Waller v. State of Indiana (mem. dec.)
18A-CR-1401
Criminal. Affirms Crosby Waller’s 730-day sentence for his conviction for Level 6 felony domestic battery. Finds Waller waived appellate review of the inappropriateness of his sentence and, waiver notwithstanding, Waller’s sentence is not inappropriate. Judge Terry Crone concurs in result without separate opinion. 

John Antwione Ewing v. State of Indiana (mem. dec.)
18A-CR-783
Criminal. Affirms John Ewing’s convictions for Level 6 felony domestic battery and Class A misdemeanor unlawful possession of a firearm by a person previously convicted of domestic battery. Finds that any error in the admission of testimony was harmless in light of the wealth of other evidence in the record supporting Ewing’s convictions.  

In Re the Paternity of J.B.; J.B., by Next Friend Zachary Nathaniel Cornett v. Kendra Pierson (mem. dec.) 
18A-JP-1251
Juvenile paternity. Reverses the Bartholomew Superior Court’s grant of Kendra Pierson’s motion to dismiss her child’s paternity petition. Finds the trial court erred when it dismissed child’s paternity petition. Remands for further proceedings. 

In the Matter of: E.M., S.M., A.M., and P.M. III, Children Alleged to be in Need of Services, K.M. (Mother) and P.M., Jr. (Father) v. The Indiana Department of Child Services (mem. dec.)
18A-JC-822
Juvenile CHINS. Affirms the Hendricks Superior Court’s determination that P.M. Jr.’s children, S.M., E.M., P.M. III and A.M, are children in need of services and that K.M.’s children, P.M. and A.M., are CHINS. Finds the trial court’s determination is not erroneous. 

N.G. v. State of Indiana (mem. dec.)
18A-JV-1471
Juvenile. Affirms the St. Joseph Probate Court’s restitution order for 15-year-old N.G. to pay $1,000.  Finds the trial court did not err in issuing the restitution order. 

Augustus Mendenhall v. State of Indiana (mem. dec.)
18A-PC-230
Post-conviction. Affirms the Hamilton Circuit Court’s denial of Augustus Mendenhall’s petition for post-conviction relief. Finds there was no ineffectiveness of counsel that deprived Mendenhall of his Sixth Amendment rights to a fair trial, an impartial jury or adequate representation of counsel either in any individual claim or in the aggregate.