Opinions April 12, 2024

The following opinion was published after IL’s deadline Thursday:
7^th Circuit Court of Appeals
United States of America v. Bradley Olson and Shirley Olson, doing business as Affordable Sewer Service
23-1864
Civil. Appeal from the United States District Court for the Northern District of Indiana, Fort Wayne Division. Chief Judge Holly Brady. Reverses the district court’s denial of an injunction compelling Bradley and Shirley Olson to deposit withholding taxes into a bank using an approved payroll service and requiring the Olsons to pay their taxes ahead of private creditors, permit the Internal Revenue Service to inspect their books and records, and notify the IRS if they start another business. Finds the Department of Treasury’s injury from a continuation of the Olsons’ conduct is irreparable. Remands for entry of the proposed injunction.

Friday opinions
Indiana Court of Appeals
Kevin Hamilton v. State of Indiana
23A-PC-15
Post conviction relief.  Affirms the Allen Superior Court’s denial of Kevin Hamilton’s post conviction relief petition and his motion for change of judge. Finds the PCR court did not err by denying the motion and did not err by denying Hamilton’s PCR claims of ineffective assistance of trial counsel, ineffective assistance of appellate counsel, and newly discovered evidence. Judge Terry Crone concurs in part and concurs in result in part with a separate opinion. Judge Elaine Brown dissents with a separate opinion.

In the Matter of the Paternity of H.S.R.; Haylee Bannon v. Dane Bateson
23A-JP-2284
Juvenile paternity. Reverses the Hendricks Circuit Court’s grant of summary judgment to Dane Bateson regarding Haylee Bannon’s petition for a child support order. Finds that the mother’s designated evidence raised genuine issues of material fact. Also finds the trial court erred by granting Bateson’s motion for summary judgment. Reveres and remands for further proceedings.