Opinions April 19, 2023

The following 7^th Circuit Court of Appeals opinion was posted after IL deadline on Tuesday:

Susan Grashoff v. David J. Adams, Commissioner of the Indiana Department of Workforce Development
20-2739
Appeal from the United States District Court for the Northern District of Indiana, Fort Wayne Division. Judge Holly A.  Brady.
Civil. Affirms the rejection of Susan Grashoff’s claim in a civil-rights suit that the sanction she received for knowingly violating the law by failing to report income to the Department of Workforce Development violated the Eighth Amendment’s excessive fines clause. Finds the 25% penalty imposed on Grashoff is not a grossly disproportionate sanction for her 24 knowing violations of the law. Also finds Grashoff has sufficient assets to pay the civil sanction.

Wednesday opinions

7^th Circuit Court of Appeals

United States of America v. Michael Thomas
21-3169
Appeal from the United States District Court for the Southern District of Indiana, Evansville Division. Senior Judge Richard L. Young.
Criminal. Reverses the denial of Michael Thomas’ motion to suppress evidence obtained from the search of his condo, which he had rented using a false name. Finds a person who signs a lease while intending not to pay rent — an intent that makes the transaction criminal fraud — is entitled to bar the door to unwelcome visitors until the lease is terminated through the legal process. Remands for further proceedings.

 Court of Appeals of Indiana

Kriss Eugene Bauman II v. State of Indiana
22A-CR-20
Criminal. Affirms Kriss Eugene Bauman II’s conviction of Level 5 felony operating a vehicle while intoxicated resulting in serious bodily injury. Finds Bauman’s consent to a blood draw was valid. Also finds any lay witness testimony erroneously admitted was harmless.

Thomas Charles Bookwalter v. Indiana Election Commission, Gregory L. Irby, and Cody Eckert
22A-PL-1981
Civil plenary. Affirms the dismissal of Thomas Bookwalter’s combined suit for judicial review under the Administrative Orders and Procedures Act and for declaratory and injunctive relief after he failed to establish party affiliation to run for U.S. representative in the May 2022 Republican Party primary. Finds Bookwalter failed to preserve his AOPA suit for appellate review. Also finds Bookwalter’s remaining claims are moot.

Mackenzie R. Ripley v. Donald L. Braun, et al. (mem. dec.)
22A-CC-2603
Civil collections. Affirms and reverses in part the $53,048.37 judgment awarded to Donald and Linda Braun on their complaint against Mackenzie Ripley for breach of lease and damages. Finds the Adams Circuit Court’s ruling upon the motion for a directed verdict is a nullity, as this was not a jury trial. Also finds the trial court did not commit reversible error in failing to enter judgment on the evidence when such motion was not timely made and supported, such that the trial court took only the motion for a directed verdict under advisement. Finally, finds the trial court abused its discretion by admitting irrelevant and speculative testimony as to damages. Remands for a determination of damages.

Ashton L. Geimer v. Donald Braun, et al. (mem. dec.)
22A-CC-2680
Civil collections. Affirms the negative judgment against Ashton Geimer on her counterclaim against Donald and Linda Braun for trespass to personal property. Finds the judgment denying Geimer’s counterclaim is not clearly erroneous. Declines to award additional appellate attorney fees.

Beverly M. Kennedy v. The Lincoln National Life Insurance Company (mem. dec.)
22A-PL-2624
Civil plenary. Affirms the grant of summary judgment to Lincoln National Life Insurance Company in a dispute with Beverly Kennedy regarding disability benefits. Finds the Washington Circuit Court properly determined there was no failure to mitigate damages that would preclude summary judgment. Also finds the trial court did not err in concluding there is no evidence Lincoln National waived its reimbursement claim. Finally, finds the trial court did not err in determining the voluntary-payment doctrine did not apply.

Derrick Duane Dale v. State of Indiana (mem. dec.)
22A-CR-1768
Criminal. Affirms Derrick Duane Dale’s convictions of Level 1 felony aggravated battery and other charges stemming from the beating death of his girlfriend’s 8-year-old daughter. Finds any error in the admission of a video of the victim being beaten on a different date was harmless.

Chasity Winters v. State of Indiana (mem. dec.)
22A-CR-3065
Criminal. Affirms Chasity Winter’s sentence to 1½ years executed for Level 6 felony resisting law enforcement. Finds the sentence is not inappropriate.

Jasmine Guerrero v. State of Indiana (mem. dec.)
22A-CR-2087
Criminal. Affirms Jasmine Guerrero’s conviction of Level 5 felony escape. Finds the evidence is sufficient to sustain the conviction.

Moses Hardin v. State of Indiana (mem. dec.)
22A-CR-2620
Criminal. Affirms Moses Hardin’s conviction of Class A misdemeanor resisting law enforcement. Finds the evidence is sufficient to sustain Hardin’s conviction.

C.B. v. State of Indiana (mem. dec.)
22A-JV-2740
Juvenile. Affirms C.B.’s adjudication as a juvenile delinquent for what would be Level 5 felony intimidation if committed by an adult, Level 6 felony pointing a firearm if committed by an adult and Class A misdemeanor dangerous possession of a firearm if committed by an adult. Finds the evidence shows that the item C.B. had pointed at Keaton Green was a firearm and not a BB gun, such that the state presented sufficient evidence to show C.B. had committed dangerous possession of a firearm and pointing a firearm. Also finds a reasonable factfinder could infer that C.B. had communicated a nonverbal threat when he pointed a firearm at Green such that C.B. committed intimidation.

In Re: The Paternity of N.P. Tabor Culley v. Paris Powell (mem. dec.)
22A-JP-2430
Juvenile paternity. Affirms and reverses in part the order giving mother Paris Powell primary physical custody of N.P. and ordering father Tabor Culley to pay $45 weekly in child support. Finds the order awarding Powell primary physical custody is not clearly erroneous. Remands for recalculation of Culley’s parenting time credit based upon actual parenting time exercised.