Opinions July 3, 2019

The following 7th Circuit Court opinion was posted after IL deadline Tuesday.
Emmis Communications Corporation v. Illinois National Insurance Co
18-3392
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge William T. Lawrence.
Civil. Reverses and remands for further proceedings the Southern District Court’s award of summary judgment to Emmis Communication Corp. against Illinois National Insurance Co. Finds correct Illinois National’s proposed interpretation of “as reported” in its insurance policy with Emmis. Concludes summary judgment should have been entered in favor of Illinois National.

Friday’s opinions
Indiana Court of Appeals
Edgar Santiago v. State of Indiana
19A-CR-495
Criminal. Affirms Edgar Santiago’s conviction of Class A misdemeanor driving while suspended. Finds an officer’s request to see Santiago’s driver’s license did not unlawfully prolong the initial purpose of the investigatory traffic stop and did not violate the Fourth Amendment of the United States Constitution.

Ramiro Aguirre v. State of Indiana (mem. dec.)
18A-CR-2456
Criminal. Affirms in part, reverses in part.  Finds the Hamilton Superior Court did not abuse its discretion by admitting A.G.’s video forensic interview and that there is sufficient evidence to support Ramiro Aguirre’s conviction of 10 counts of Level 1 felony child molesting. However, finds Aguirre’s aggregate 160-year sentence is inappropriate in light of the nature of the offenses and his character. Remands with instructions to issue an amended sentencing order revising Aguirre’s sentence to an aggregate sentence of 80 years.

In Re: The Scott David Hurwich 1986 Irrevocable Trust; Scott D. Hurwich v. Stacey MacDonald (mem. dec.)
18A-TR-2906
Trust. Affirms in part, reverses in part. Holds the St. Joseph Probate Court erred when it found Stacey MacDonald’s legal fees were reasonable trust expenses. Also holds that Scott Hurwich did not meet his burden on appeal to demonstrate that the trial court erred when it concluded his claims against Stacey were precluded by the applicable statute of limitations and when it declined to award Scott attorney fees. Finds the trial court erred when it ordered Scott to pay Stacey $10,000 for timber that U.S. Timber had harvested from her property. Finds the trial court did not deny Stacey the opportunity to file a motion for attorney fees.

In the Matter of the Termination of the Parent-Child Relationship of N.M. (Minor Child) and F.M. (Father) v. The Indiana Department of Child Services (mem. dec.)
18A-JT-2549
Juvenile termination. Affirms the termination of father F.M.’s parental rights to his child, N.M. Finds the juvenile court’s termination of his parental rights was not clearly erroneous.

N.G. v. State of Indiana (mem. dec.)
19A-JV-18
Juvenile. Affirms N.G.’s adjudication for an offense that would constitute Class A misdemeanor theft if committed by an adult. Finds there is sufficient evidence to support the adjudication.

Aaron Quintin v. State of Indiana (mem. dec.)
19A-CR-266
Criminal. Affirms Aaron Quintin’s six-year sentence for conviction of Level 5 Felony operating a vehicle after a lifetime suspension. Finds the sentence is not inappropriate in light of the nature of the offense and his character.

Jose Francisco Mancillas v. State of Indiana (mem. dec.)
19A-CR-59
Criminal. Affirms Jose Mancillas’ conviction of Level 6 felony invasion of privacy. Finds there is sufficient evidence to establish Mancillas’ conviction. Judge Rudolph Pyle III concurs in result with separate opinion.

Shawn Lynn Sills v. State of Indiana (mem. dec.)
19A-CR-285
Criminal. Affirms Shawn Sills’ conviction of Level 6 felony sexual battery. Finds there is sufficient evidence to sustain the conviction.

In Re: The Marriage of Sam Witvoet v. Rachel Witvoet (mem. dec.)
19A-DC-178
Domestic relation with children. Affirms the Lake Circuit Court’s decree of dissolution between Sam and Rachel Witvoet. Finds father’s arguments that the trial court erred in determining his child support obligation is not persuasive.

In the Termination of the Parent-Child Relationship of: T.L. and D.A. (Minor Children), and A.L. (Mother) v. The Indiana Department of Child Services (mem. dec.)
19A-JT-175
Juvenile termination. Affirms the Monroe Circuit Court’s order terminating mother A.L.’s parent-child relationship with her two children, T.L. and D.A. Finds there is sufficient evidence to support the termination order.

Kimberly Bachmann v. State of Indiana (mem. dec.)
18A-CR-2637
Criminal. Affirms Kimberly Bachmann’s conviction of Class C misdemeanor operating a vehicle while intoxicated. Finds there is sufficient evidence to support the conviction.