Indiana Court Decisions: March 6-20, 2024

7th Circuit Court of Appeals

March 6

Tina Gerlach v. Todd Rokita, et.al.

23-1792

Civil. Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Chief Judge Tanya Walton Pratt. Affirms the district court’s dismissal of Tina Gerlach’s claims seeking declaratory and injunctive relief against and just compensation from various current and former Indiana state officers in their official and individual capacities. Finds that her claim for prospective relief is now moot and her claims for retrospective relief are barred by the Eleventh Amendment and unavailable under 42 U.S.C. § 1983.

March 8

Randall Artis v. Adrian Santos

22-2619

Civil. Appeal from the United States District Court for the Northern District of Indiana, Hammond Division. Judge Theresa Springmann. Affirms the district court’s verdict in Adrian Santos’s favor and the denial of Randall Artis’s motions for a new trial under Rule 59 and for judgment as a matter of law under Rule 50(b). Finds the court did not improperly admit expert testimony from Roosevelt Haywood or err in denying Artis’ s for cause challenge to an allegedly biased prospective juror. Also finds the court did not issue confusing and misleading jury instructions and verdict forms and that the jury’s completed verdict forms were consistent.

March 15

John J. Petr, Trustee for BWGS, LLC v. BMO Harris Bank N.A. and Sun Capital Partners VI, L.P.

23-1931

Bankruptcy from district court. Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Jane Magnus-Stinson. Affirms the district court’s finding that the stock purchase agreement, bridge loan authorization agreement, and Sun Capital guaranty all qualified as securities contracts, and the transfer was made “in connection with” these securities contracts and that § 546(e)’s safe harbor barred the BWGS, LLC trustee’s claims. Also finds the district court did not err in directing the bankruptcy court to dismiss the trustee’s complaint with prejudice.

Indiana Supreme Court

March 6

Diego Morales, in his official capacity as Indiana Secretary of State, the Indiana Election Commission, and Amanda Lowery, in her official capacity as Jackson County Republican Chair v. John Rust

23S-PL-371

Civil plenary. Reverses Marion Superior Court’s order blocking enforcement of the Affiliation Statute that prohibits U.S. Senate hopeful John Rust from appearing on the GOP primary ballot in May. Finds that the Affiliation Statute is not unconstitutional and Rust’s remaining arguments lack merit. Finds that because the Affiliation Statute is a mere procedural regulation that does not substantively change the minimum qualifications for the United States Senate, it survives Rust’s 17th Amendment challenge. Remands with instructions to enter judgment for the state. Justice Derek Molter concurs with separate opinion in which Justice Geoffrey Slaughter joins. Justice Christopher Goff dissents with separate opinion in which Chief Justice Loretta Rush joins.

March 12

A.W. v. State of Indiana

23S-JV-40

Juvenile. Affirms that A.W.’s exclusive possession of a handgun—one with a Glock switch attached, which transformed the semiautomatic gun into a fully-automatic one—coupled with his abrupt flight, supports the finding that he “knowingly or intentionally” possessed a machine gun in violation of Indiana Code section 35-47-5-8. Finds that that while Article 1, Section 14 of the Indiana Constitution could apply in juvenile proceedings, constitutional avoidance counsels against deciding that issue. Also finds that the juvenile court’s multiple adjudications violate the substantive prohibition against double jeopardy, and the adjudication that A.W. committed “dangerous possession of a firearm” must be vacated. Justice Christopher Goff concurs with a separate opinion.

Indiana Court of Appeals

March 6

In the Matter of the Adoption of Baby Girl; C.M. and K.M., In the Matter of the Paternity of L.A. (Minor Child); Y.N. v. K.Q.A. and C.M. and K.M.

23A-AD-1590

Adoption. Reverses the Marion Superior Court’s order, which established Y.N.’s paternity of L.A. Finds that putative father’s consent to L.A.’s adoption had been irrevocably implied as a result of his failure to timely register with the registry and that he was, therefore, barred from challenging the adoption or establishing paternity. Also finds the trial court erred in entering an order establishing the putative father’s paternity.

March 11

Jermaine Garnes v. State of Indiana

23A-CR-606

Criminal. Affirms Jermaine Garnes’ murder conviction and 65-year prison sentence in Tippecanoe Superior Court. Finds the trial court did not abuse its discretion in declaring a mistrial in Garnes’s first trial and his second trial did not violate double jeopardy protections. Also finds his sentence is not inappropriate in light of Garnes’s character and the nature of his offense.

Christopher S. Applegate v. State of Indiana

23A-CR-954

Criminal. Affirms Christopher Appelgate’s convictions for Level 3 felony armed robbery, Level 5 felony battery, Level 6 felony auto theft, and Class A misdemeanor criminal mischief and his adjudication in Clark Circuit Court as a habitual offender. Finds the admission of Tiffany Cox’s statements to the officers did not violate Applegate’s Sixth Amendment rights. Also finds the trial court did not violate Applegate’s right under Article 1, Section 19 of the Indiana Constitution to have the jury determine both the law and the facts of the state’s habitual offender allegation.

March 12

Brooke Wells v. Joseph Todd Wells and Kimberly Renae Wells

23A-DR-990

Domestic relations. Affirms the Marion Superior Court’s finding that Brooke Wells repudiated her father, Joseph Wells, and therefore the father was relieved of his obligation to pay for her to attend college. Finds the trial court did not clearly err in finding the daughter repudiated her father. Judge Elizabeth Tavitas dissents with separate opinion.

Kenneth E. Bardonner v. Veronika Bardonner

23A-DC-1393

Domestic relations with children. Affirms the Monroe Circuit Court’s order modifying Kenneth Bardonner’s parenting time with his child, K.V.B. Finds the trial court’s order prohibiting the child’s involvement in certain activities related to the father’s church does not violate Father’s First Amendment rights, nor is it otherwise erroneous. Also finds the trial court’s order modifying the father’s parenting time is supported by the evidence and is not clearly erroneous.

March 15

Cameron Banks v. State of Indiana

23A-CR-898

Criminal. Affirms Cameron Banks’ murder conviction in Marion Superior Court and the admittance of incriminating evidence found during the search of his cell phone. Finds a search warrant was supported by probable cause as the affidavit presents facts, together with reasonable inferences, demonstrating a sufficient nexus between Cameron’s cell phone and the shootings and robbery. Also finds that the warrant was specific enough as it allowed the police to look for items that were related to the February 2020 shootings and robbery and did not violate the Fourth Amendment’s particularity requirement. Reverses Cameron’s conviction for Level 2 felony robbery. Remands with instructions for the trial court to enter conviction for Level 5 felony robbery instead.

In re: the Administration of the Trust of: Neal L. Bosworth, Deceased. Vickie Jones, et al v. Tony Bosworth

23A-TR-813

Trust. Affirms in part the Randolph Circuit Court’s order granting Tony Bosworth’s petition. Finds he was not required to initiate a separate proceeding to contest the validity of the Two-Amendment Instrument. Finds that, however, to the extent the trial court’s March 17, 2023, order recognizes the Four-Amendment Instrument over the Two-Amendment Instrument, the order goes beyond the scope of the issues to be addressed at the March 9, 2023, hearing. Vacates the portion of the trial court’s order that purports to credit the Four-Amendment Instrument over the Two-Amendment Instrument. Remands with instructions for the trial court to decide which version of the trust instrument is valid.

March 20

Osama Shibli v. State of Indiana

23A-CR-1339

Criminal. Affirms the state’s charges against Osama Shibli for two counts of Level 6 felony failure to register as a sex or violent offender based on a prior conviction for child molesting in Indiana. Finds that the state’s sex-offender registration requirement, as applied to Shibli, does not violate the ex post facto clause of the Indiana Constitution.

Ashley Jackson, as Personal Representative of the Estate of Michael L. Jackson, Deceased v. E&B Paving, LLC, et. al.

23A-CT-950

Civil tort. Affirms the Marion Superior Court’s summary judgment in favor of E&B Paving, LLC, Fox Contractors, Corp. and Hanson Professional Services, Inc. Finds that there exist no genuine issues of material fact and that E&B, Fox, and Hanson are entitled to summary judgment as a matter of law.

Timothy L. Hall, Jr. v. State of Indiana

22A-CR-3007

Criminal. Affirms Timothy Hall Jr.’s convictions in Allen Superior Court of murder, criminal recklessness, resisting law enforcement, and neglect of a dependent. Finds the trial did not court err when it prevented an additional question Hall asked of a witness to impeach the sister’s testimony. Also finds Hall also has not shown error regarding his claim of self-defense. Finally, finds Hall’s 74-year aggregate sentence is not inappropriate in light of the nature of the offenses and his character.