Opinions July 14, 2023

The following 7th Circuit Court of Appeals opinion was posted after IL deadline on Thursday:
Michelle Fitzgerald v. Roncalli High School, Inc. and Roman Catholic Archdiocese of Indianapolis, Inc.
22-2954
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Senior Judge Richard L. Young.
Civil. Affirms the grant of summary judgment for Roncalli High School Inc. and Roman Catholic Archdiocese of Indianapolis Inc. on Michelle Fitzgerald’s sex discrimination complaint. Finds the district court properly granted summary judgment on the ministerial exception. Judge Michael Brennan concurs with separate opinion.

Friday opinions
Court of Appeals of Indiana
Bret S. Booher v. Atlas Services, Inc. (mem. dec.)
22A-CC-2301
Civil collections. Affirms the Grant Superior Court’s judgment in favor of Atlas Services for $5,124. Finds Bret Booher’s wife had apparent authority to authorize work on a rental property that was titled only in Bret’s name.

Thomas DeCola v. Norfolk Southern Corporation (mem. dec.)
23A-PL-610
Civil plenary. Affirms the LaPorte Circuit Court’s summary judgment in favor of Norfolk Southern Corporation. Finds a genuine issue of material fact exists as to whether sufficient notice was sent prior to the issuance of a tax deed.

Angel L. Ubiles v. State of Indiana (mem. dec.)
22A-CR-2389
Criminal. Affirms Angel Ubiles’ convictions for Level 3 burglary and Class A resisting law enforcement, and his adjudication as a habitual offender. Finds Ubiles’ Sixth Amendment right was not violated in the Elkhart Superior Court because the magistrate pro tempore was properly appointed. Also finds Ubiles waived his right to counsel. Finally, finds the state presented sufficient evidence to support Ubiles’ conviction for burglary. 

Jordan Douglas Becker v. State of Indiana (mem. dec.)
23A-CR-364
Criminal. Affirms Joseph Becker’s convictions for Level 6 felony residential entry and Class B misdemeanor battery. Finds the LaGrange Superior Court did not abuse its discretion in determining Becker failed to show good cause for failing to teimly file a notice of alibi.

Tauheed T. Sabir v. State of Indiana (mem. dec.)
22A-CR-2891
Criminal. Affirms Tauheed Sabir’s convictions for Level 2 dealing in methamphetamine and Level 4 possession of a firearm by a serious violent felon. Finds the state presented sufficient evidence to support Sabir’s dealing in meth and possession convictions. Also finds Sabir waived his right to allocution. Finally, finds the Marion Superior Court erred when it merged Sabir’s conviction for dealing in meth with his conviction for Level 3 felony possession of meth and entered judgment of conviction on both counts without vacating his possession conviction. Remands with instructions to vacate the possession conviction and for the issuing of a new abstract of judgment.

In the Matter of: H.W. and E.W. (Minor Children), And M.L. (Mother) v. Indiana Department of Child Services (mem. dec.)
22A-JC-1323
Juvenile CHINS. Affirms the Floyd Circuit Court’s interlocutory order granting the petition of the Indiana Department of Child Services for the emergency detention of minor children E.L. and H.W. Finds DCS did not obtain an emergency custody order in violation of Indiana Professional Conduct Rule 3.5(b) or Indiana Trial Rule 65(B). Also finds the trial court’s grant of DCS’ oral petition for the ECO did not violate mother M.L.’s right to due process.

In the Involuntary Termination of the Parent-Child Relationship of: C. J. (Minor Child), And J. J. (Mother) v. Indiana Department of Child Services (mem. dec.)
23A-JT-122
Juvenile termination of parental rights. Affirms the Clay Circuit Court’s order terminating mother J.J.’s parental rights to minor child C.J. Finds the mother’s lack of participation in services requested by the Department of Child Services supports the trial court’s conclusion that termination of her parental rights is in the best interests of the child.

Maurice Amos, Jr. v. State of Indiana (mem. dec.)
23A-PC-77
Post-conviction. Affirms the denial of Maurice Amos Jr.’s petition for post-conviction relief. Finds the Grant Superior Court’s determination that Amos validly waived his right to a jury trial was not clearly erroneous.

Gary A. Goldman v. Ralph Courtney Goldman (mem. dec.)
23A-SC-69
Small claims. Affirms the Lake Superior Court’s order dismissing Gary Goldman’s notice of claim and awarding damages and attorney fees to Ralph Goldman. Finds an attorney’s performance was not a valid basis for seeking reversal. Also finds the evidence supported the award of travel expenses and attorney fees, the trial court did not abuse its discretion in denying Gary a continuance on the day of trial, and the trial court did not display bias against Gary. Finally, finds Gary failed to demonstrate any error in the trial court’s entry of judgment.