Subscriber Benefit
As a subscriber you can listen to articles at work, in the car, or while you work out. Subscribe NowThe following 7th Circuit Court of Appeals opinion was published after IL deadline Friday:
Tony Love v. Frank Vanihel, Warden
21-2406
Appeal from the United States District Court for the Southern District of Indiana, Terre Haute Division. Judge James Sweeney.
Civil. Affirms the denial of Tony Love’s 28 U.S.C. § 2254 petition. Finds Love procedurally defaulted his constitutional claims and forfeited the same by failing to present them in the district court. Judge Thomas Kirsch concurs in the judgment with separate opinion. Senior Judge David Hamilton dissents with separate opinion.
Monday opinions
Court of Appeals of Indiana
Jatinder K. Kansal, M.D., P.C. v. Taylor Krieter
22A-CT-2646
Civil tort. Affirms the Lake Superior Court’s denial of Dr. Jatinder Kansal’s motion to dismiss Taylor Krieter’s complaint alleging battery and intentional infliction of emotional distress. Finds that assuming sexual misconduct occurred as Krieter alleged, it was wholly unrelated to the provision of medical care, so she is not claiming medical malpractice, the Medical Malpractice Act doesn’t apply and the trial court has subject-matter jurisdiction.
Jordan J. Wolf v. State of Indiana (mem. dec.)
22A-CR-2370
Criminal. Affirms Jordan Wolf’s murder conviction. Finds the Elkhart Circuit Court did not abuse its discretion in admitting the challenged evidence, and if there was error, it would be harmless under the circumstances.
Tyler Groleau v. State of Indiana (mem. dec.)
23A-CR-401
Criminal. Affirms Tyler Groleau’s combined sentence in four separate cases for burglary. Finds the Howard Superior Court did not abuse its discretion when identifying mitigating circumstances during the sentencing hearing. Also finds Groleau’s sentence is not inappropriate in light of the nature of the offenses and his character.
Albert J. Strawbridge v. Diana K. Strawbridge, n/k/a Diana K. Burnette (mem. dec.)
22A-DR-3014
Domestic relations. Affirms the St. Joseph Circuit Court’s modification of primary physical custody to mother Diana Burnette. Finds father Albert Strawbridge has not shown that the trial court’s decision to modify custody was clearly erroneous.
In re the Termination of the Parent-Child Relationship of C.F. and L.F. (minor children) and K.F. (Mother) v. Indiana Department of Child Services (mem. dec.)
22A-JT-3107
Juvenile termination of parental rights. Affirms the termination of mother K.F.’s parental rights. Finds K.F. has not demonstrated that the Madison Circuit Court violated her due-process rights or that the challenged findings are clearly erroneous. Also finds the trial court did not err when it concluded there is a reasonable probability that the conditions leading to the children’s removal will not be remedied. Finally, finds the totality of the evidence supports the trial court’s determination that termination of K.F.’s parental rights is in the children’s best interests.
Please enable JavaScript to view this content.