Opinions Feb. 15, 2019

The following 7th Circuit Court opinions were posted after IL deadline Thursday.
ARC Welding Supply, Co. Inc. v. American Welding & Gas, Inc.
18-1546
Appeal from the United States District Court for the Southern District of Indiana, Evansville Division. Judge Richard L. Young.
Civil. Affirms the Southern District Court’s entry of judgment in favor of American Welding & Gas Inc. and the award of damages in the amount of $33,765.52, plus interest. Finds the court did not err in basing its damage award on a $125 cylinder valuation. Also finds American’s agreement with ARC Welding Supply Co. does not contain language that would require its audit to be completed within 180 days, nor that $150,000 be owed to ARC if American fails to complete the audit by that deadline.

USA v. Lawrence D. Adkinson
17-3381
Appeal from the United States District Court for the Southern District of Indiana, New Albany Division. Judge Tanya Walton Pratt.
Criminal. Affirms Lawrence D. Adkinson’s conviction of robbery- and firearm-related charges. Finds the Southern District Court did not abuse its discretion in denying Adkinson’s motion to transfer venue to a location with potentially more African-American jurors. Also finds the district court did not violate Adkinson’s Fourth Amendment rights by admitting certain cell-site location information offered by T-Mobile.

Roman Lee Jones v. Robert E. Carter, Jr., Commissioner, Indiana Department of Correction
17-2836
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge William T. Lawrence.
Prisoner. Finds the state’s refusal to provide Roman Jones with a halal meat-based diet substantially burdens his exercise of religion under the Religious Land Use and Institutionalized Persons Act. Circuit Judge Michael B. Brennan dissents in a separate opinion, arguing Jones’ claim be remanded for the district court to conduct fact-finding as to whether Jones is indigent or suffers other financial hardship, and whether his religious exercise was substantially burdened.

Indiana Court of Appeals
In the Matter of the Involuntary Termination of the Parent-Child Relationship of B.D. and K.D. (Minor Children) and K.L-T. (Mother) v. The Indiana Department of Child Services (mem. dec.)
18A-JT-2084
Juvenile. Affirms the Marion Superior Court’s order involuntarily terminating K.L-T.’s rights to her children, B.D. and K.D. Finds the evidence was clear and convincing in support of the trial court’s conclusion.

Jonathan Young v. State of Indiana (mem. dec.)
18A-CR-1480
Criminal. Affirms Jonathan Young’s conviction of Level 5 felony criminal confinement and Level 6 felony domestic battery. Rules the Marion Superior Court’s declaration of a mistrial was not improper and the second trial did not violate double jeopardy. Finds Young’s sentence of five years executed in prison and one year on probation is not inappropriate in light of the nature of his offense and his character.  

Steven Conrad v. State of Indiana (mem. dec.)
18A-CR-1899
Criminal. Vacates the Marion Superior Court’s order giving the Marion County Community Corrections department the responsibility to assess Steven Conrad’s home detention/community correction fees. Finds Indiana Code section 35-38-2.5-6(7) requires the court to set the home detention fee. Remands to give the trial court an opportunity to clarify its intent regarding that fee.   

Larry D. Cameron v. Keith Butts (mem. dec.)
18A-MI-1499
Miscellaneous. Affirms the Henry Circuit Court’s denial of Larry Cameron’s habeas corpus petition. Finds the trial court did not abuse its discretion in dismissing the petition.

Jeffrey Roberts v. State of Indiana (mem. dec.)
18A-CR-1321
Criminal. Affirms Jeffrey Roberts’ conviction of Level 2 felony conspiracy to commit dealing in a narcotic drug and his status as a habitual offender. Finds there is sufficient evidence to support the conviction. Also finds the Howard Superior Court did not invade the province of the jury, nor err in denying the admissions of Olivia Windlow’s jail records.

Kevin Christopher Tharp v. State of Indiana (mem. dec.)
18A-CR-2028
Criminal. Affirms the Madison Circuit Court’s order that Kevin Tharp serve the remainder of his previously suspended sentence for committing nine probation violations. Finds there is sufficient evidence to prove Tharp failed to register as a sex offender. Finds the violations are not technical errors, but rather that “Tharp is not a good candidate for probation.”

William Zausch v. Diana (Zausch) Schnakenburg (mem. dec.)
18A-DR-1380    
Domestic relation. Affirms the Vanderburgh Superior Court’s order modifying William Zausch’s child support obligation. Finds the trial court did not abuse its discretion in accurately calculating Zausch’s gross income.