Opinions July 12, 2023

The following 7^th Circuit Court of Appeals opinions were posted after IL deadline on Tuesday:
United States of America v. Kevin Hartleroad
22-1156
Appeal from the United States District Court for the Northern District of Indiana, Fort Wayne Division. Judge Holly A. Brady.
Criminal. Affirms Kevin Hartleroad’s conviction of attempting to sexually exploit a child in violation of 18 U.S.C. §§ 2251(a) and (e). Finds sufficient evidence supports Hartleroad’s conviction. Also finds his constructive amendment argument fails under plain error, as does his contention that the indictment charged conduct that is not an offense.

Bowe Marvin v. David Holcomb, et al.
22-2757
Appeal from the United States District Court for the Northern District of Indiana, South Bend Division. Magistrate Judge Michael G. Gotsch Sr.
Civil. Affirms the grant of summary judgment to St. Joseph County Sheriff’s deputies David Holcomb, Matthew Corban and Christopher Lawson-Rulli on some of Bowe Marvin’s claims in his complaint for unlawful entry and excessive force, and the jury verdict in favor of the defendants on the remaining claims. Finds Marvin failed to prove that the defendants violated his constitutional rights. 

Wednesday opinions
Court of Appeals of Indiana
Piccadilly Management as Managing Agent for Piccadilly Properties II, LLC DBA Roland Manor v. Shenita Abney
22A-SC-01904
Small claims. Reverses the denial of Piccadilly Management’s request for post-judgment interest on an award of attorney fees. Finds Indiana Code § 24-4.6-1-101 indicates Piccadilly is entitled to post-judgment interest on attorney fees. Remands for the court to calculate the post-judgment interest due on the attorney fees and enter a new judgment and garnishment order.

AgReliant Genetics, LLC v. Gary Hamstra Farms, Inc., Woolever Farms, Inc., Klemp Farms, Inc.
22A-CC-1827
Civil collections. Affirms and reverses in part the entry of judgment in favor of Gary Hamstra Farms Inc., Woolever Farms Inc. and Klemp Farms Inc. on a theory of promissory estoppel in their action against AgReliant Genetics LLC. Finds the Jasper Circuit Court did not clearly err in determining that the farmers could recovery under promissory estoppel. Also finds the trial court improperly awarded damages based on the benefit of the bargain instead of reliance damages. Remands with instructions for the trial court to determine the farmers’ reliance damages in the manner that the trial court deems appropriate.

In the Matter of the Civil Commitment of: B.L. v. Health and Hospital Corp., d/b/a Sandra Eskenazi MHC (mem. dec.)
22A-MH-2959
Mental health. Dismisses B.L.’s appeal of an expired temporary commitment order. Finds B.L. has failed to satisfy the public-interest exception to mootness.

Edwin D. Calligan v. State of Indiana (mem. dec.)
23A-PC-118
Post-conviction. Affirms the denial of Edwin Calligan’s petition for post-conviction relief. Finds Calligan waived his freestanding claims under the state and federal constitutions. Also finds Calligan has not shown that his trial counsel’s performance was deficient.