Opinions Feb. 21, 2024

The following 7^th Circuit Court of Appeals opinion was posted after IL deadline on Tuesday:
United States of America v. Adam Tyrale Williams, Jr.
23-2313
Appeal from the United States District Court for the Northern District of Indiana, Hammond Division. Senior Judge James T. Moody.
Criminal. Vacates the district court’s judgment that denied Adam Williams’ request to obtain reductions in his sentences for crack cocaine offenses. Finds the judge’s order, entered just a day after Williams renewed his motion and well before the government filed any response, is nearly identical to the one that the appellate court previously vacated for lack of sufficient explanation. Remands for further proceedings.

Wednesday opinions
Court of Appeals of Indiana
Jacquelyn Ivankovic v. Milan Ivankovic
23A-DC-1954
Domestic relations with children. Affirms the Lake Superior Court’s denial of Jacquelyn Ivankovic’s request for a temporary restraining order and a permanent injunction, asking that Milan Ivankovic be enjoined from contacting Jacquelyn’s employer to make allegations that she had engaged in wrongdoing. Finds the trial court does not have the statutory authority to issue the requested injunction. Also finds the husband’s communications with third parties involved allegations that wife committed illegal conduct, which is speech protected under the First Amendment.

Tipton County Board of Zoning Appeals v. Hope for the Hurting
23A-MI-1733
Miscellaneous.  Affirms the Grant Circuit Court’s order that reversed the Tipton County Board of Zoning Appeals’ decision denying Hope for the Hurting’s application for a special use exception under the Tipton County Zoning Ordinance. Finds the trial court properly determined that the BZA’s decision, denying Hope’s request for a special use exception, was arbitrary, capricious and not supported by substantial evidence.

Stephanie J. Henry v. Alex A. Wulpi (mem. dec.)
23A-DN-171
Domestic relations, no children. Affirms the Allen Circuit Court’s judgment denying Stephanie Henry’s motion to correct alleged errors in the trial court order that dissolved Henry’s marriage to Alex Wulpi. Finds Henry has not demonstrated the trial court abused its discretion.

In re: the Involuntary Termination of the Parent-Child Relationship of: H.B. (Minor Child), and M.B. (Father) v. Indiana Department of Child Services (mem. dec.)
23A-JT-2109
Juvenile termination of parental rights. Affirms the Hamilton Superior Court’s involuntary termination of father M.B.’s parental rights to H.B. Finds M.B.’s challenges to Findings 13 and 14 fail because those findings were not mere recitations of testimony. Also finds the trial court’s findings supported its conclusion that the conditions under which H.B. was removed would not be remedied, and the trial court did not impermissibly come to that conclusion based solely on M.B.’s incarceration. Finally, finds the trial court’s findings supported its conclusion that termination was in H.B.’s best interests.

In the Matter of: C.R., E.R., S.R., M.R. and Z.R. (Minor Children), Children in Need of Services and Al.R (Father) and Am.R. (Mother) v. Indiana Department of Child Services (mem. dec.)
23A-JC-2461
Juvenile CHINS. Affirms the Lawrence Circuit Court’s adjudication of father Al. R and mother Am.R’s five children as children in need of services upon the petition of the Lawrence County Department of Child Services. Finds the parents have not shown that the juvenile court’s decision is clearly erroneous. Also finds the dispositional order is not deficient.

Michael J. McManus v. Carl H. Baxmeyer, et. al. (mem. dec.)
23A-PL-1511
Civil plenary.  Affirms the St. Joseph Circuit Court’s grant of the St. Joseph County Board of Commissioners and other defendants’ motion for judgment on the pleadings in response to a complaint alleging that two commissioners on the St. Joseph County Redevelopment Commission had been removed contrary to statute. Finds the complaint does not state a viable claim for relief.

Bridget A. King v. National Collegiate Student Loan Trust 2006-4, et. al. (mem. dec.)
23A-CC-1482
Civil collections. Affirms the Marion Superior Court’s order granting summary judgment to the National Collegiate Student Loan Trusts on claims that Bridget King was liable to the creditor on several student loans. Finds that summary judgment did not depend on inadmissible evidence. Also finds that King has not established that there remained a genuine issue of material fact.

Seth Taylor Workman v. State of Indiana (mem. dec.)
23A-CR-1046
Criminal. Affirms Seth Workman’s convictions in Grant Superior Court for murder, attempted murder, dealing in marijuana, burglary, theft and carrying a handgun without a license. Finds the trial court had subject-matter jurisdiction over counts seven through nine. Also finds the trial court did not abuse its discretion in admitting Exhibit 196 and, to the extent it erred in admitting Exhibit 221, the error was harmless.