Indiana Court Decisions: May 30-June 12

7th circuit court of appeals

June 3

Morgan Morales v. Martin J. O’Malley, Commissioner of Social Security

23-2796

Civil. Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Magistrate Judge Kellie Barr. Affirms an administrative law judge’s determination that Morgan Morales is not disabled and therefore not entitled to Social Security disability benefits. Finds there was abundant evidence that supports that decision. Also finds the magistrate judge’s analysis addressed Morales’s primary challenges to the ALJ’s decision with clarity and efficiency.

June 4

David L. Lewicki v. Donald Emerson, Warden, Plainfield Correctional Facility

23-3030

Prisoner. Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Chief Judge Tanya Walton Pratt. Reverses the district court’s conditional writ of habeas corpus for David Lewicki and order for the State of Indiana to release Lewicki unless it provided him with a new appeal. Finds Lewicki, in his argument that he suffered prejudice and did not receive a speedy trial, does not explain why DNA evidence would have been unavailable had the case been tried earlier, and the amendment to which he alludes (the habitual offender allegation) can be made until 30 days before trial. Also finds prosecutors did not need or use delay to discover Lewicki’s criminal record.

June 5

United States of America v. Patrick Hancock

22-2614

Criminal. Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Chief Judge Tanya Walton Pratt. Affirms Patrick Hancock’s sentence in district court of four years in prison to be followed by three years of supervised release for unlawful possession of a firearm as a convicted felon. Finds that evidence supported the district court’s findings that Hancock represented himself to be a police officer by wearing a variety of law enforcement paraphernalia, including an official-looking badge, gun holster, handcuffs, and a baton. Also rejects Hancock’s constitutional challenges to Indiana law and finds Indiana Code § 35-44.1-2-6 is a permissible regulation of false speech because it is narrowly tailored to serve the government’s compelling interest in public safety, and it is neither overbroad in its reach nor void for vagueness.

June 7

United States of America v. Echo A. Scheidt

23-2567

Criminal. Appeal from the U.S. District Court for the Northern District of Indiana, Fort Wayne Division. Chief Judge Holly Brady. Affirms Echo Schiedt’s convictions on five counts of knowingly making a false written statement likely to deceive a firearms dealer in violation of 18 U.S.C. § 922(a)(6) and one count of knowingly making a false statement to a government agent in violation of 18 U.S.C. § 1001(a). Finds the Second Amendment does not immunize firearm purchasers from knowingly providing misstatements in ATF Form 4473.

June 11

United States of America v. Taiwo Onamuti

23-1497

Criminal. Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge James Sweeney. Affirms the denial of Taiwo Onamuti’s motion for attorney’s fees under the Hyde Amendment, which permits a criminal defendant to recoup fees paid in defending against a frivolous, vexatious, or bad-faith charge. Finds that Onamuti did not show that the government’s position was frivolous, vexatious, or in bad faith. Also finds that the civil deadline applies because a motion for attorney’s fees under the Hyde Amendment is a civil matter ancillary to the criminal case.

Indiana Supreme Court

May 30

The City of Carmel, Indiana v. Duke Energy Indiana, LLC, Indiana Utility Regulatory Commission, and Indiana Office of Utility Consumer Counselor

23S-EX-129

Administrative. Affirms the Indiana Utility Regulatory Commission’s order rejected Carmel’s complaint and finding the city’s utility ordinances unreasonable and void under Indiana Code section 8-1-2-101. Finds that based on Duke Energy’s evidence that it would seek recovery of the underground project’s costs, the commission, using its expertise and statutory authority, reasonably concluded the costs would be shifted to all Duke customers statewide because they would be included in Duke’s rates. Also finds that the evidence presented by Duke is substantial enough to support the commission’s findings that costs would be shifted and its ultimately reasonable conclusion that the Ordinances are unreasonable. Justice Geoffrey Slaughter concurs with separate opinion. Justice Christopher Goff concurs in result with separate opinion. Justice Derek Molter concurs in part and dissents in part with separate opinion.

Duke Energy Indiana, LLC v. City of Noblesville, Indiana

23S-PL-130

Civil plenary. Reverses the Hamilton Superior Court’s judgment in favor of the City of Noblesville and ordering Duke Energy to comply with the city’s unified development ordinance and obtain permits, as well as the imposition of a $150,000 penalty against Duke for starting demolition without required permits and the awarding to Noblesville $115,679.10 in attorneys’ fees, expert fees, and costs. Finds that whether the Indiana Utility Regulatory Commission finds Noblesville’s unified development ordinance reasonable will dictate whether the trial court in turn grants Noblesville’s request to enforce its ordinance against Duke. Remands for further proceedings.

June 4

Jerry E. Russell, Sr. v. State of Indiana

21S-LW-451

Life imprisonment without parole. Affirms the Greene Superior Court’s resentencing order that sentenced Jerry Russell to life imprisonment without parole plus 73 years. Finds the mitigating circumstances in this case are substantially outweighed by the aggravating circumstances, and it is therefore the high court’s independent conclusion that Russell’s LWOP sentence is appropriate. Justice Christopher Goff dissents with separate opinion.

June 11

Illinois Casualty Company v. B&S of Fort Wayne Inc., et. al.

23S-PL-180

Civil plenary. Affirms the Allen Superior Court’s ruling delegating arbitrability to an arbitrator in a dispute between Illinois Casualty Company and 33 models, B&S of Fort Wayne, Showgirl III, Inc., and Reba Enterprises, LLC. Finds that as a matter of first impression in Indiana, that an agreement to arbitrate in accordance with American Arbitration Association or similar rules reflects “clear and unmistakable” evidence of an intent to delegate arbitrability to an arbitrator. Reverses the trial court’s order compelling arbitration. Finds that for 2016 and later claims, the trial court must defer to the arbitrator because the agreement incorporates the AAA rules. Also finds that because no agreement to arbitrate existed between ICC and the insured clubs before 2016, the models cannot compel arbitration for claims deriving from this period. Finally, finds the trial court erred when it did not distinguish between the models because the relevant question is whether an arbitration agreement existed with each model, not the models as a whole. Justice Christopher Goff concurs in result and dissents in part with separate opinion.

Indiana Court of Appeals

June 5

Jordon M. Norton v. State of Indiana

23A-CR-2336

Criminal. Affirms Jordan Norton’s conviction in Elkhart Circuit Court of battery with a deadly weapon and criminal recklessness and his seven-year aggregate sentence to be served in the Indiana Department of Correction. Finds the trial court did not commit reversible error in administering its self-defense jury instruction and did not issue an inappropriate sentence.

Jeffery Dean Scheel v. State of Indiana

23A-CR-1379

Criminal. Affirms Jeffery Scheel’s conviction in Decatur Superior Court of Class A misdemeanor remote aerial harassment based on the way he operated a drone. Finds the state presented sufficient evidence that Scheel had the required intent to harass.

Alexa Harris, et. al. v. Deaconess Hospital, Inc., Deaconess Hospital Systems, Inc., Deaconess Clinic, Inc., Deaconess Clinic At Work, and Akitto Ledda, D.O.

24A-CT-47

Civil tort. Affirms the Vanderburgh Superior Court’s granting of summary judgment to Deaconess on a tort of invasion of privacy by intrusion into emotional solace claim brought by 13 women who allege a doctor that improperly accessed their medical records. Finds that while there are strong arguments for recognizing the tort of intrusion into emotional solace, at least in the context of medical-record snooping, that recognition must come from the Indiana Supreme Court. Reverses the trial court’s granting of summary judgment to Deaconess on the plaintiffs’ claim for intentional infliction of emotional distress. Finds that there is a genuine issue of material fact as to whether Dr. Akitto Ledda’s improper record access arose naturally and predictably from his authorized activities. Remands for further proceedings.

Benjamin C. Taylor v. State of Indiana

23A-CR-1625

Criminal. Affirms Benjamin Taylor’s convictions in Jackson Circuit Court for burglary as a Level 2 felony and auto theft as a Level 6 felony and his sentence of 45 years. Finds the trial court did not abuse its discretion by refusing to sever the auto theft cause and the burglary cause or by admitting the yellow glove and exhibits relating to the Brooklyn and Dustin Reynolds’ pre-trial identification of Taylor. Also finds the trial court did not err in denying Taylor’s motion to set aside the verdict because Taylor’s due process rights were not violated due to the Seymour Police Department’s failure to preserve Officer Gilbert Carpenter’s body camera video or due to Carpenter’s and Lieutenant C.J. Foster’s incorrect testimony about the server crash.

June 6

McKinley Kelly v. State of Indiana

23A-PC-1025

Post conviction relief. Affirms the Lake Superior Court’s denial of McKinley Kelly’s successive petition for post-conviction relief. Finds that the post conviction court’s denial of Kelly’s successive petition for post conviction relief is not clearly erroneous.

June 10

Regina Geels v. Lindsay Flottemesch, Mackenzi Hatfield, and Stephanie Malinowski as Guardian for Marley Malinowski

23A-PL-2303

Civil plenary. Reverses the Allen Superior Court’s judgment imposing a constructive trust. Finds dispositive and preemption applies and defeats the daughters’ claim for a constructive trust pursuant to Indiana substantive law. Remands with instructions for the trial court to order the Clerk of Allen County to distribute the proceeds of the life insurance policies to Regina Geels. Judge Peter Foley dissents with a separate opinion.

In re the Adoption of M.J.H (Minor Child) S.R. v. T.D.

23A-AD-2769

Adoption. Affirms the Hamilton Superior Court’s grant of T.D.’s petition to adopt M.J.H. Finds the trial court did not err in concluding that putative father’s consent to the adoption was irrevocably implied and granted the adoption petition.

Latasha Howard v. State of Indiana

23A-CR-2187

Criminal. Affirms Latasha Howard’s 17-year sentence for Level 2 felony dealing in cocaine. Finds the Marion Superior Court did not abuse its discretion when sentencing Howard. Reverses the trial court’s indigent determination and assessment of fine, costs and fees. Finds the trial court erred by assessing the fine, costs and most of the fees without properly determining whether Howard was actually indigent. Remands with instructions that the trial court hold a hearing to determine whether Howard is indigent before assessing the fine and all costs and fees other than the jury fee.

In the Matter of R.L. Jr., M.L., T.A., An.A., Q.A., Z.L., I.L., and A.L. (Minor Children), Children in Need of Services and A.A. (Mother), R.L. Sr. (Father) and O.A. (Father) v. Indiana Department of Child Services

23A-JC-923

Juvenile CHINS. Affirms the Lawrence Circuit Court’s judgment. Finds no error in the procedural issues raised by the parents and decline to find structural error.

Cory M. Wallace v. State of Indiana

23A-MI-2206

Miscellaneous. Affirms the Madison Circuit Court’s dismissal of Cory Wallace’s petition to change the gender marker on birth certificate. Finds the trial court properly dismissed Wallace’s petition.

William R. Mishler v. Union-North United School Corporation

23A-MI-1019

Miscellaneous. Affirms the St. Joseph Circuit Court’s resolution of summary judgment for the Union-North United School Corporation on the grounds that the school district complied with the state’s Access to Public Records Act. Reverses on the grounds that William Mishler did not comply with the Claims Against Public School Act notice requirement. Remands with instructions to dismiss the action without prejudice under Indiana Code section 34-13-3.5-7.

Indiana Tax Court

June 5

Clark County Assessor v. Dillard Department Stores, Inc.

22T-TA-11

Tax. Affirms the the Indiana Board of Tax Review’s final determination reducing the 2018 through 2020 assessments of Dillard Department Stores, Inc.’s anchor department store in Clarksville. Finds the Clark County Assessor has not demonstrated to the court that the Indiana Board’s final determination was contrary to law or unsupported by substantial or reliable evidence.•