Opinions April 16, 2019

The following 7th Circuit Court of Appeals opinion was posted after IL deadline Monday: 

L.D.R., a minor by his mother and guardian, Roshonda R. Wagner v. Nancy A. Berryhill, Acting Commissioner of Social Security. 

18-1763

Appeal from the United States District Court for the Northern District of Indiana, South Bend Division.
Judge Jon. E. DeGuilio. 

Civil. Affirms the district court’s decision that Roshonda R. Wagner’s son, L.D.R., did not qualify for social security disability benefits until second grade. Finds the administrative law judge’s opinion was properly reasoned and well-supported by substantial evidence. Also finds the laws prohibiting retroactive disability payments from before the time an application was filed pass the rational basis test, so they do not violate the constitutional guarantee of equal protection. 

Tuesday opinions
Indiana Court of Appeals 
City of Indianapolis v. Ginger Tichy
18A-OV-2202
Ordinance violation. Reverses the order granting relief from judgment to Ginger Tichy under Indiana Trial Rule 60(B). Finds the Marion Superior Court abused its discretion. 

Towne & Terrace Corporation, et al. v. City of Indianapolis
18A-OV-2310
Ordinance violation. Affirms and reverses in part the order granting an unverified motion filed by the city of Indianapolis for appointment of a receiver over Towne & Terrace Corporation, Glen Timmons, Darren Kirkland, Jacqueline Timmons and Ella Means, and the grant of T&T’s verified motion to appoint a receiver over the city-owned properties located in the Towne & Terrace complex. Finds the Marion Superior Court erred when it appointed a receiver over T&T and nonparties. Also finds the city of Indianapolis has not carried its burden on appeal to prove the trial court abused its discretion when it appointed a receiver over the city’s properties in Towne & Terrace. 

Mark Lee Votra v. State of Indiana
18A-CR-1337
Criminal. Affirms the imposition of the balance of Mark Lee Votra’s previously suspended sentence after the Madison Circuit Court concluded Votra had violate the terms of his probation on two occasions. Finds the trial court did not violate Votra’s right of confrontation when it admitted two exhibits that were the probable cause affidavits because the affidavits were substantially reliable.  

"F.B.C.", a Pseudonym v. MDWISE, INC., d/b/a MDWISE, MDWISE NETWORK, INC., and MDWISE MARKETPLACE, INC.
18A-CT-1934
Civil tort. Affirms the Marion Superior Court’s dismissal of F.B.C.’s claims of disclosure and intrusion and reverses the denial of MDwise’s motion to dismiss her claim of outrage. Finds F.B.C. failed to establish the trial court erroneously dismissed her disclosure claim, and that it correctly dismissed the intrusion claim. Also finds the trial court erred in failing to dismiss the outrage claim because MDwise’s conduct was not extreme and outrageous. Remands with instructions to dismiss the outrage claim. Judge L. Mark Bailey dissents with separate opinion. 

Indiana Commissioner of Labor, on the Relation of Heather Chamness v. J.D. Byrider Systems, LLC (mem. dec.)
18A-PL-1617
Civil plenary. Affirms the Hamilton Circuit Court’s order that the Indiana Commissioner of Labor pay $3,950 in attorney’s fees to J.D. Byrider Systems, LLC. Finds the trial court did not err in ordering the commissioner to pay $3,950 for attorney’s fees to J.D.

Kareem Jahbbar Williams v. State of Indiana (mem. dec.)
18A-CR-2158
Criminal. Affirms Kareem Williams’ convictions for murder, Level 6 felony altering the scene of a death, Level 6 felony auto theft, Level 6 felony mutilating a corpse and Level 6 felony fraud. Finds the Lake Superior Court did not abuse its discretion in admitting Williams’ confession. 

S.C. v. State of Indiana (mem. dec.)
18A-JV-1971
Juvenile. Reverses the Marion Superior Court’s placement of minor S.C. in the Department of Correction for her adjudication as a delinquent for an act that would be considered Class A misdemeanor intimidation if committed by an adult. Finds the Court of Appeals cannot adequately determine relevant information pertinent to S.C.’s appeal. Remands to the juvenile court to provide clarity in the record with regard to S.C.’s dispositions and to hold hearings consistent with the opinion. 

Timothy W. Bowman v. State of Indiana (mem. dec.)
18A-CR-1581
Criminal. Affirms Timothy Bowman’s convictions of Class A misdemeanor domestic battery and invasion of privacy, Level 1 felony attempted murder and Class A misdemeanor pointing a firear, and his aggregate 41 ½ -year sentence. Finds Bowman’s sentence is not inappropriate in light of the nature of the offense and his character. Also finds no abuse of discretion in the Ripley Circuit Court’s refusal to instruct the jury on criminal recklessness. Finally, finds there is sufficient evidence.

William Slaton v. State of Indiana (mem. dec.)
18A-PC-1607
Post-conviction. Affirms the Vanderburgh Superior Court’s denial of William Slaton Jr.’s petition for post-conviction relief. Finds the post-conviction court’s denial of Slaton’s petition was not clearly erroneous. 

Brandon J. Lunkin v. State of Indiana (mem. dec.)
18A-PC-419
Post-conviction. Affirms the denial of Brandon Lunkin’s petition for post-conviction relief. Finds Lunkin did not receive ineffective assistance of trial counsel. Also finds the Elkhart Circuit Court did not err by failing to continue the PCR hearing.

In re the Paternity of R.H., Darya L. Hupp v. Adam Salsburey and Carolyn Clay (mem. dec.)
18A-JP-2110
Juvenile paternity. Affirms the Adams Circuit Court’s order suspending Darya Hupp’s parenting time and finding her in contempt for failing to pay ordered child support. Finds the trial court did not abuse its discretion in suspending Hupp’s parenting time. Also finds Hupp has not made a good faith effort to amend her child’s birth certificate so the trial court did not abuse its discretion by finding her in contempt for failing to correct the birth certificate. 

Steve A. Lavalle v. Lori S. Lavalle (mem. dec.)
18A-DR-2320
Domestic relation. Affirms the denial of Steve Lavalle’s petition to modify legal custody and child support, and the grant of a motion for attorney fees filed by Lori Lavalle. Finds the Hamilton Superior Court did not clearly err or abuse its discretion.