Opinions Nov. 21, 2018

The following 7th Circuit Court of Appeals opinions were posted after IL deadline on Tuesday:
Angela Riley v. City of Kokomo, Indiana, Housing 
17-1701
Appeal from the United States District Court for the Southern District of Indiana. Judge William Lawrence.
Civil. Affirms the Southern District Court’s entry of summary judgment in favor of the Kokomo Housing Authority on former employee Angela Riley’s claims of retaliation and discrimination. Finds there was insufficient evidence to support Riley’s claims that she was terminated for taking and requesting medical leave in violation under the Family and Medical Leave Act, the Americans with Disabilities Act, Title VII of the Civil Rights Act of 1964 and the Fair Housing Act. 

Doug Taylor v. City of Lawrenceburg, et al.
17-2803. 
Appeal from the United States District Court for the Southern District of Indiana, New Albany Division. Judge Richard L. Young.
Civil tort. Affirms the entry of summary judgment for the City of Lawrenceburg on fired police officer Doug Taylor’s suit alleging his termination violated his rights under the First Amendment. Also declines to reinstate Taylor’s defamation claim. Taylor had a full and fair opportunity to litigate his claims before the city’s Board of Public Works and Safety, whose determination was based on findings that cited Taylor’s criminal prosecution and a prosecutor’s testimony that Taylor could not credibly testify after having admitted to committing a crime of dishonesty.   

USA v. Juan Zamudio
18-1529
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Tanya Walton Pratt. 
Criminal. Reverses the Southern District Court’s grant of Juan Zamudio’s motion to suppress items seized from his home prior to trial pursuant to a search warrant, including 11 kilograms of methamphetamine, a loaded gun and a cellphone. Finds the district court erred in granting that motion because an FBI special agent’s affidavit provided sufficient information suggesting a “fair probability” that evidence of a crime would be found at Zamudio’s home. Remands for further proceedings. 

Wednesday opinions
Indiana Court of Appeals 
Oscar Flores v. State of Indiana
18A-CR-1632
Criminal. Reverses and remands with instructions for the Marion Superior Court to vacate one of Oscar Flores’ convictions for Level 4 felony child molesting. Finds that both convictions occurred during a single transaction, so one should be vacated under the continuous-crime doctrine.

Jason M. Morris v. State of Indiana    
18A-CR-1738
Criminal. Affirms Jason Morris’ conviction of Class A misdemeanor public indecency and his one-year sentence. Finds the evidence sufficiently supports Morris’ conviction. Also finds the Elkhart Superior Court did not abuse its discretion in sentencing Morris to the maximum possible sentence. Finally, finds Morris’ sentence is not inappropriate. 

In the Matter of the Civil Commitment of T.W. v. St. Vincent Hospital and Health Care Center, Inc.
18A-MH-1148
Mental health. Affirms T.W.’s involuntary temporary commitment. Finds T.W. failed to timely object to the order that was signed only by a commissioner and not by the judge, so he has waived that issue for appeal. Also finds that based on the evidence presented at the commitment hearing, a reasonable person could conclude that T.W. posed a substantial risk of harm to others. Judge Elizabeth Tavitas dissents with separate opinion. 

Michael Hodges v. State of Indiana
18A-MI-78
Miscellaneous. Reverses the Marion Superior Court’s order to transfer $60,900 of Michael Hodges’ money to the United States and remands with instructions to order the return of the money to Hodges, concluding the seizure of the money was unlawful.

Glendon B. Sturgill, Jr. v. State of Indiana (mem. dec.)
18A-CR-602
Criminal. Affirms Glendon Sturgill’s conviction for Level 4 felony dealing in methamphetamine. Finds the Madison Circuit Court did not commit fundamental error in admitting evidence Sturgill claims was obtained in violation of his rights under the Fourth Amendment of the U.S. Constitution and under Article 1, Section 11 of the Indiana Constitution. Also finds Sturgill’s claim is not reviewable for fundamental error. 

Stephen R. Sines v. State of Indiana (mem. dec.)
18A-CR-958
Criminal. Affirms Stephen Ray Sines convictions for Level 2 felony dealing methamphetamine; Level 3 felony possession of meth; Level 6 felony unlawful possession of a syringe; Class B misdemeanor possession of marijuana, and; Class C misdemeanor possession of paraphernalia. Finds the Hendricks Circuit Court did not abuse its discretion in admitting certain evidence and a second trial did not violate prohibitions against double jeopardy.

Marteze Armondo Butler v. State of Indiana (mem. dec.)
18A-CR-1399
Criminal. Affirms Marteze Butler’s conviction of Level 6 felony auto theft. Finds Butler failed to prove a due process violation. Also finds the St. Joseph Superior Court did not abuse its discretion by allowing the state’s witnesses to testify. 

Christopher Hovis v. State of Indiana (mem. dec.)
18A-PC-718
Post-conviction. Affirms the Allen Superior Court’s denial of post-conviction relief to Christopher Hovis. Finds Hovis’ free-standing claim may not be raised in this proceeding. Also finds Hovis has failed to establish ineffective assistance of trial counsel. 

Troy Eugene Howard v. State of Indiana (mem. dec.)
18A-CR-933
Criminal. Affirms Tory Howard’s convictions of Level 5 felony operating a motor vehicle after forfeiture of license for life and Level 6 felony resisting law enforcement. Finds the Warren Circuit Court did not abuse its discretion in denying Howard’s motion for a mistrial after a potential juror made a statement in front of the entire jury panel that suggested Howard had been in trouble before because the juror’s comments were not so prejudicial as to place Howard in a position of grave peril.

Antone Atkins v. Leroy Guthrie (mem. dec.)
18A-SC-126
Small claims. Affirms the Clark Circuit Court’s judgment entered after Antone Atkins’ landlord, Leroy Guthrie, filed a notice of eviction against Atkins seeking unpaid rent in the amount of $6,000. Finds Atkins’ challenge is nothing more than a request to reweigh the evidence and, therefore, finds the small claims court did not err in its award of judgement against him.