Opinions Dec. 21, 2020

The following 7^th Circuit Court of Appeals opinions were posted after IL deadline Friday:
United States of America v. Taiwo K. Onamuti
19-1153
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge James R. Sweeney II.
Criminal. Dismisses Taiwo Onamuti’s appeal of the district court’s denial to hold an evidentiary hearing before denying his motion to withdraw his guilty plea to identity theft and defrauding the U.S. Treasury out of $5 million through illegitimate tax refunds. Finds that Onamuti waived the challenge and that his appellate waiver precludes the 7^th Circuit’s review of the district court’s denial of an evidentiary hearing on his motion to withdraw his plea.

Richard Spinnenweber v. Robert Laducer and Red River Supply, Inc.
20-1534
Appeal from the United States District Court for the Northern District of Indiana, Hammond Division. Magistrate Judge John E. Martin.
Civil. Affirms the Indiana Northern District Court’s grant of Robert Laducer and Red River Supply Inc.’s motion for a new trial or a reduced verdict and the final judgment of $0 for Richard Spinnenweber. Finds that the district court did not abuse its discretion in finding that the $1 million verdict was outrageous and then granting defendants’ motion for remittitur or a new trial. Also finds that Spinnenweber sought $0 at his second trial, and the appellate panel cannot change his request.

Monday opinions
Indiana Court of Appeals
Julianne Solomon, Personal Representative of The Estate of Paul J. Martin v. Lia Lindsey  
20A-PL-822
Civil plenary. Affirms the Marion Superior Court’s grant of summary judgment to Lia Lindsey concerning the rightful owner of the proceeds from an investment account held by Paul Martin and Lindsey as joint tenants with rights of survivorship. Finds the proceeds belong to Lindsey as the surviving joint account owner as a matter of law.

Ike Campbell v. State of Indiana
19A-CR-2414
Criminal. Affirms Ike Campbell’s conviction of Level 4 felony unlawful possession of a firearm by a serious violent felon but reverses his habitual offender enhancement. Finds there is sufficient evidence to support Campbell’s unlawful possession conviction. Also finds that the Marion Superior Court abused its discretion by allowing the state to file a late habitual offender charge without good cause. Remands with instructions to vacate the enhancement and resentence Campbell accordingly. Judge Elaine Brown concurs in part and dissents in part with separate opinion.

Anthony T. Williams v. State of Indiana
20A-PC-998
Post conviction. Affirms the denial of Anthony Williams’ petition for post-conviction relief, finding no clear error in the Lake Superior Court’s determination that he received effective assistance of trial and appellate counsel.

Jeremy D. Cox v. State of Indiana
20A-CR-899
Criminal. Affirms the denial of Jeremy Cox’s motion to suppress evidence uncovered in the search of his person after he was a passenger in a vehicle stopped by police. Finds the Brown Circuit Court did not err in denying Cox’s motion to suppress on the alleged ground that the search of his person violated the Fourth Amendment to the U.S. Constitution and Article 1, Sections 11 and 13, of the Indiana Constitution.

Shenmei Yuan v. Wells Fargo Bank, N.A.
20A-CC-1470
Civil collection. Affirms the Boone Superior Court’s grant of summary judgment in favor of Wells Fargo Bank, N.A. against Shenmei Yuan. Finds that Wells Fargo made a prima facie case for summary judgment based on admissible evidence which merited summary judgment in its favor.

Indiana Department of Child Services v. J.M. (mem. dec.)
20A-MI-1117
Miscellaneous. Reverses the Marion Superior Court’s grant of J.M.’s motion to correct error challenging an administrative law judge’s affirmation of a Department of Child Services determination that J.M. had molested K.M. Finds the evidence is sufficient to prove that J.M. acted with the requisite intent. Also finds the trial court erred by granting the motion to correct error.

Charles Samuel Richardson v. State of Indiana (mem. dec.)
20A-CR-1356
Criminal. Affirms Charles Samuel Richardson’s convictions of Level 5 felony domestic battery, Level 5 felony criminal confinement, Level 5 felony strangulation and Class A misdemeanor interference with the reporting of a crime. Finds the state presented sufficient evidence to support Richardson’s convictions in Marion Superior Court.

In the Matter of J.G., A Child in Need of Services, J.B., Father v. Indiana Department of Child Services (mem. dec.)
20A-JC-1319
Juvenile CHINS. Affirms the adjudication of father J.B.’s child J.G. as a child in need of services. Finds J.B. has failed to carry his burden of showing that his due process rights were violated. Also finds the Jefferson Circuit Court did not err in concluding that J.G. should remain a CHINS as originally adjudicated.

Ke’Jioun Johnson v. State of Indiana (mem. dec.)
20A-CR-1261
Criminal. Affirms Ke’Jioun Johnson’s conviction of Class A misdemeanor possession of marijuana. Finds the state presented sufficient evidence beyond a reasonable doubt to sustain Johnson’s conviction in Cass Superior Court.

In the Matter of the Termination of the Parent-Child Relationship, Q.J., et al. (Minor Children), and B.J. (Mother) and Q.J., Sr. (Father) v. Indiana Department of Child Services (mem. dec.)
20A-JT-63
Juvenile termination of parental rights. Affirms the involuntary termination of mother B.J. and father Q.J. Sr.’s parental rights to their children, Q.J., Bre.J., Ba.J. and Bro.J. Finds that mother’s due process rights were not violated. Also finds the Hamilton Superior Court did not commit reversible error when it found that father’s counsel was doing the job asked of him and ruled that his counsel would remain, and both parents received a fundamentally fair termination hearing. Finally, finds there is sufficient evidence to support the termination.

Eric Smith v. Shanna M. LaMar (mem. dec.)
20A-JP-657
Juvenile paternity. Reverses the modification of Eric Smith’s child support obligation. Finds Smith has established prima facie error. Remands to Shelby Superior Court with instructions to enter an amended child support modification order which sets Smith’s basic weekly child support obligation, determines the exact amount of his arrearage and sets a reasonable amount that he must pay weekly toward the arrearage based on his weekly income.

Charles E. Barber v. State of Indiana (mem. dec.)
20A-PC-1164
Post conviction. Affirms the denial of Charles E. Barber’s petitions for post-conviction relief. Finds Barber has not demonstrated that reversal is warranted based on allegations of due process violations. Also finds Barber has not demonstrated that the performance of his trial counsel was deficient in overlooking a defense or that the defense, if raised, would have likely changed the outcome of the proceedings.

Eric Johnson v. State of Indiana (mem. dec.)
20A-CR-1096
Criminal. Affirms the denial of Eric Johnson’s motion in Lake Superior Court to suppress a handgun found on his person during a pat down. Finds no violation of the Fourth Amendment or of Article 1, Section 11 of the Indiana Constitution.

In the Matter of R.R. v. Indiana Department of Child Services (mem. dec.)
20A-JT-1297
Juvenile termination of parental rights. Affirms the termination of mother R.R.’s parental rights to her minor children, Jy.R. and Ju.R. Finds that the Delaware Circuit Court did not clearly err in determining that there was sufficient evidence to support the termination of mother’s parental rights.

In the Matter of the Involuntary Termination of the Parent-Child Relationship of C.Q. (Minor Child) and K.Q. (Mother) v. The Indiana Department of Child Services (mem. dec.)
20A-JT-1284
Juvenile termination of parental rights. Affirms the termination of mother K.Q.’s parental rights to child C.Q in Daviess Circuit Court. Finds the Indiana Department of Child Services established by clear and convincing evidence the requisite elements to support the termination of parental rights.

Smarte Carte, Inc. v. Simon Property Group, Inc., and SM Eastland Mall, LLC (mem. dec.)
20A-CT-975
Civil tort. Affirms the grant of summary judgment to Simon Property Group Inc. and SM Eastland Mall LLC in a dispute with Smarte Cart Inc. Finds the Vanderburgh Circuit Court did not err by granting the Simon parties’ motion for partial summary judgment and awarding $45,113.08 in attorney fees.

The Estate of Carrie Etta Mills McGoffney (mem. dec.)
20A-ES-1083
Estate, supervised. Affirms the denial of Kelly D. McGoffney’s motion to reopen the estate of her mother, Carrie Etta Mills McGoffney. Finds the Vigo Superior Court properly rejected McGoffney’s attempt to relitigate the issue foreclosed by her previous appeal, which was dismissed on the merits.

Kina King v. The Estate of Glen Christian, Jr. (mem. dec.)
20A-ES-1326
Estate, supervised. Affirms the denial of Kina King’s motion to correct errors and her objection to an award of attorney fees after she was removed as personal representative of her brother’s estate. Finds King’s claims are either improper, supported by insufficient evidence or both. Also finds King lacked standing to challenge the grant of attorney David Van Gilder’s attorney fees.

Lemere Joseph Jones v. State of Indiana (mem. dec.)
20A-CR-840
Criminal. Affirms Lemere Joseph Jones’ sentence to an aggregate 195 years executed for his convictions of three counts of murder and one count of conspiracy to commit armed robbery as a Level 3 felony. Finds the aggravating circumstances were sufficient to both enhance Jones’ sentence and to justify consecutive sentences, so the Grant Superior Court did not abuse its discretion when it imposed enhanced executive sentences.

Ernest Cowart v. State of Indiana (mem. dec.)
20A-CR-1428
Criminal. Affirms the restitution order imposed on Ernest Cowart following his plea agreement for three counts of burglary as a Level 5 felony and three counts of theft as a Level 6 felony. Finds the Vigo Superior Court did not abuse its discretion when by ordering Cowart to pay restitution to Robert Arms in the amount of $9,171.

J.B.E. v. State of Indiana (mem. dec.)
20A-JV-1262
Juvenile. Affirms the order awarding wardship of J.B.E. to the Indiana Department of Correction for housing in a correctional facility for children. Finds the Greene Circuit Court did not abuse its discretion and J.B.E.’s placement was not unconstitutional.

Stanley C. Huguenard v. Cherie M. Huguenard (mem. dec.)
20A-DN-1341
Domestic relations, no children. Affirms the decree dissolving the marriage of Stanely C. and Cherie M. Huguenard. Finds the Allen Circuit Court did not err in finding that Stanley has a contractual interest in the marital residence and including that in the marital estate.

Victoria Bundren v. Jared Watkins (mem. dec.)
20A-JP-1171
Juvenile paternity. Affirms and reverses in part the order modifying custody and child support of mother Victoria Bundren’s minor daughter M.W. in favor of father Jared Watkins. Finds the Washington Circuit Court did not abuse its discretion when it awarded Watkins primary physical custody of M.W. Also finds there is an apparent disparity in the parties’ income, and the trial court’s departure from the parenting time guidelines cannot be discerned. Remands to the trial court for findings justifying the allocation of 50% of the parenting time travel costs to Bundren.

Raymond Christian v. State of Indiana (mem. dec.)
20A-CR-1398
Criminal. Affirms Raymond Christian’s conviction of Class A misdemeanor battery resulting in bodily injury. Finds the state proved beyond a reasonable doubt in Marion Superior Court that Christian committed the offense of Class A misdemeanor battery resulting in bodily injury.

Leosthene Morissette v. State of Indiana (mem. dec.)
20A-CR-1352
Criminal. Affirms the revocation of Leosthene Morissette’s probation. Finds the Cass Superior Court did not commit fundamental error in relying on certain hearsay evidence to support its finding that Morissette violated his probation.

In the Matter of the Involuntary Termination of the Parent-Child Relationship of C.L. (Minor Child) and J.M. (Mother) v. Indiana Department of Child Services (mem. dec.)
20A-JT-318
Juvenile termination of parental rights. Affirms the order involuntarily terminating mother J.M.’s parent-child relationship with child C.L. Finds mother’s due process rights were not violated. Also finds mother has failed to establish that the Marion Superior Court clearly erred in terminating her parental relationship with C.L.

Indiana Tax Court
Tell City Boatworks, Inc. v. Indiana Department of State Revenue
18T-TA-4
Tax. Affirms Indiana Department of State Revenue’s denial of a claim by Tell City Boatworks Inc. for a refund of income taxes for the tax year July 1, 2010, to June 30, 2011. Presents an issue of first impression as to whether Tell City is entitled to Indiana’s research expense tax credit. Finds Tell City has not met its burden of showing it performed qualified research or paid someone else to do the qualified research during the 2010 tax year.