Opinions Aug. 14, 2019

The following 7th Circuit Court of Appeals opinions were posted after IL Deadline Tuesday.
Dustin Higgs v. United States Park Police
18-2826, 18-2937
Appeals from the United States District Court for the Southern District of Indiana, Terre Haute Division. Chief Judge Jane Magnus-Stinson.
Civil. Finds the Southern District Court erred in finding that the public interest prevailed over the privacy interests of the individuals involved in evidence for Dustin Higgs’ murder of three women and should have refused disclosure of those documents pursuant to Freedom of Information Act Exemptions 6 and 7(C). Affirms that certain documents were properly withheld under FOIA Exemption 7(D).

Indiana Court of Appeals
Northern Indiana Public Service Company v. Josh’s Lawn & Snow, LLC
19A-SC-259
Small claims. Affirms the Lake Superior Court’s attribution of fault to nonparty Ziese & Sons Excavating, Inc. in Northern Indiana Public Service Company’s suit against Josh’s Lawn & Snow, LLC. Finds the small claims court’s judgment attributing 90 percent fault to nonparty Ziese was not clearly erroneous.

Steven R. Bean v. State of Indiana (mem. dec.)
19A-CR-650
Criminal. Affirms the Kosciusko Superior Court’s revocation of a portion of Steven Bean’s previously suspended sentence after Bean admitted a probation violation, finding the court did not abuse its discretion in so ordering.

In the Termination of the Parent-Child Relationship of: J.F., S.S., E.S. & G.S. (Minor Children) and C.S. (Mother) v. Indiana Department of Child Services (mem. dec.)
19A-JT-492
Juvenile termination. Affirms the termination of mother C.S.’s parental rights to her minor children, J.F., S.S., E.S. and G.S. Finds that the Vigo Circuit Court did not err in determining that the Department of Child Services’ plan for the children’s care and treatment was satisfactory.

Stephanie Krieger v. Mark Krieger (mem. dec.)
19A-DC-369
Domestic relation with children. Affirms in part and reverses in part the Jackson Superior Court’s dissolution of marriage order. Finds the court did not abuse its discretion when it ordered joint custody of Stephanie Krieger and Mark Krieger’s daughter, A.K. Reverses the court’s order as it pertains to division of the marital estate. Remands with instructions to remove credits totaling roughly $1,560 from husband’s side of the ledger and recalculate the division.

In the Matter of Ka.S., S.S., and Ch.I., Children Alleged to be Children In Need of Services; K.S. (Mother) v. Indiana Department of Child Services (mem. dec.)
19A-JC-545
Juvenile CHINS. Affirms the Jackson Superior Court’s determination that Ka.S, S.S. and Ch.I. are children in need of services. The undisputed evidence and the reasonable inferences from them do not demonstrate that the trial court erred in adjudicating the children as CHINS.

R.P. v. State of Indiana (mem. dec.)
19A-JV-536
Juvenile. Affirms the St. Joseph Probate Court’s adjudication of R.P. as a delinquent and placing him in the Department of Correction, Juvenile Division, for his first delinquency adjudication. Finds that because the juvenile court was severely limited in its placement options, the panel cannot say that the juvenile court abused its discretion.

In re the Termination of the Parental Rights of E.H. and K.H. (Minor Children) H.W. (Mother) and P.H. (Father) v. Indiana Department of Child Services (mem. dec.)
19A-JT-311
Juvenile termination. Affirms the termination of mother H.W. and father P.H.’s parental rights to minor children E.H. and K.H. Finds the Tippecanoe Superior Court did not violate mother’s or father’s due process rights, and the trial court’s findings support its conclusion that termination of father’s rights to the children was in their best interests.

Roberto Carlos Bernal-Andraca v. State of Indiana (mem. dec.)
19A-CR-385
Criminal. Affirms Roberto Carlos Bernal-Andraca’s conviction for Class A misdemeanor operating a vehicle while intoxicated while endangering a person. Finds there is sufficient evidence to support the conviction in Hendricks Superior Court.

Fernando A. Pedroza v. State of Indiana (mem. dec.)
19A-CR-401
Criminal. Affirms the revocation of Fernando Pedroza’s probation. Finds the Shelby Circuit Court did not abuse its discretion in revoking Pedroza’s probation.

In the Matter of the Paternity of R.S. (Minor Child): K.B. v. J.S. (mem. dec.)
19A-JP-450
Juvenile paternity. Reverses the Jay Circuit Court’s denial of K.B.’s petition to modify custody of her child. Finds the court had authority to modify the Ohio custody order, and it erred as a matter of law by denying the petition for lack of authority. Remands for consideration of the petition and a ruling on its merits.

Marces Riley v. State of Indiana (mem. dec.)
19A-CR-384
Criminal. Affirms Marces Riley’s convictions of Level 6 felony resisting law enforcement; Class A misdemeanor carrying a handgun without a license; Level 5 felony possession of a narcotic drug; two counts of Class A misdemeanor resisting law enforcement; Level 3 felony possession of cocaine while armed with a firearm; and his vacated Level 6 felony conviction for pointing a firearm at another. Finds Riley’s sufficiency claim as to his Level 6 felony pointing a firearm at another is moot because the St. Joseph Superior Court did not enter a judgment of conviction as to that charge. Finds there is sufficient evidence to support that conviction.

Kevin Martin v. Lauren A. Kawecki, Jeffrey L. Sanford, and Terri J. Rethlake (mem. dec.)
18A-CT-1454
Civil tort. Finds the St. Joseph Circuit Court did not err in dismissing Kevin Martin’s complaint against deputy prosecutor Lauren Kawecki and Judge Jeffery Sanford.

C.R. v. State of Indiana (mem. dec.)
18A-JV-2706
Juvenile. Dismisses C.R.’s appeal of her placement in the Department of Correction, finding the issue is moot because her time of confinement has passed.

Willie J. Washington v. State of Indiana (mem. dec.)
19A-PC-473
Post conviction. Affirms the denial of Willie Washington’s petition for post-conviction relief. Finds Washington failed to demonstrate that he was denied effective assistance of trial and appellate counsel. Finds the Allen Superior Court properly denied the petition.

Elijah Abraham Krider v. State of Indiana (mem. dec.)
18A-CR-817
Criminal. Affirms in part, reverses in part, remands. Finds the Madison Circuit Court did not abuse its discretion in denying Elijah Krider’s motion to correct sentence regarding his consecutive sentencing. Reverses and remands for the trial court to amend its abstract of judgment in Cause 1509 to reflect that Krider has served that sentence.

Ryan W. Rogers v. State of Indiana (mem. dec.)
18A-CR-3043
Criminal. Affirms Ryan Rogers’ aggregate 22-year sentence for conviction of Level 3 felony aggravated battery and a firearm sentencing enhancement. Finds Rogers has failed to meet his burden of demonstrating that his sentence is inappropriate in light of the nature of his offenses and his character.

Perry K. Davis v. State of Indiana (mem. dec.)
18A-CR-2619
Criminal. Affirms Perry Davis’ aggregate nine-year sentence for conviction of Level 5 felony robbery and Level 5 felony criminal confinement.