Opinions June 19, 2023

The following 7th Circuit Court of Appeals opinions were posted after IL deadline Friday:

United States of America v. John Holden
22-3160
Appeal from the U.S. District Court for the Northern District of Indiana, South Bend Division. Judge Robert L. Miller Jr.
Criminal. Reversed the district court’s judgment and reinstated the criminal charge against John Holden. Finds a truthful answer to the question “are you under indictment?” can be material to the propriety of a firearms sale, whether or not all possible applications of §922(n) comport with the Second Amendment.

United States of America v. Khalil M. Jackson
21-2811 & 22-1003
Appeals from the United States District Court for the Northern District of Indiana, South Bend Division. Judge Damon Leichty.
Criminal. Affirms Khalil Jackson’s convictions of child sex-trafficking, producing child pornography, possessing child pornography, transporting child pornography and cyberstalking. Finds Jackson’s comment that he would “rather half a lawyer” did not invoke his Miranda rights. Also finds the district court did not err in denying Jackson’s jury instruction requests.

Court of Appeals of Indiana

Porter Hospital, LLC d/b/a Northwest Health-Porter v. TRK Valpo, LLC, Imboden Construction Corporation, TRKConstruction-IN, LLC, Circle R Mechanical, Inc., Gluth Brothers Roofing Company, Inc., Kleckner Interior Systems, Inc., Midwestern Electric, Inc., Ryan Fire Protection, Inc., Trout Glass & Mirror, Inc., Shaffner Heaney Associates, Inc., Allied Door & Hardware, LLC, Adam’s Masonry, Inc., C&C Iron, Inc., Paul R. Chael, City of Valparaiso, Indiana
22A-PL-2724
Civil plenary. Affirms the Porter Superior Court’s granting of Paul Chael’s motion to set aside a judgment. Finds TRK Valpo had a duty not to impair or disturb the receiver’s rights to the property in question.

Baptist Health Medical Group, Inc. v. Carla Wellman, Individually and as Surviving Spouse of David Wellman, Deceased
22A-CT-2585
Civil tort. Reverses the Floyd Superior Court’s entry of summary judgment against Baptist Health Medical Group. Finds a doctor’s affidavit, along with medical records and another doctor’s deposition, created a genuine issue of material fact. Remands for further proceedings.

Ronda Randall, as Personal Representative of the Estate of Julian M. Roache, and as Personal Representative of the Estate of Joanne F. Roache, beneficiary of the Julian M. Roache Revocable Living Trust v. Anita J. Woodson, individually and in her capacity as Trustee of the Julian M. Roache Revocable Living Trust
22A-PL-2830
Civil plenary. Affirms the Marion Superior Court’s dismissal of Ronda Randall’s complaint against Anita Woodson. Finds the trial court lacked subject matter jurisdiction over Randall’s claims pertaining to Julian’s Social Security Administration benefits.

Jeffery Lindke v. David Combs
22A-CT-2662
Civil tort. Affirms St. Joseph’s Superior Court’s judgment on the evidence in favors of David Combs. Finds the trial court acted within its discretion when it granted Combs’ motion for judgment on the evidence.

Moss Creek Solar, LLC, et al. v. Connie L. Ehrlich, et al. (mem. dec.)
22A-PL-2648
Civil plenary. Reverses the Pulaski Superior Court’s reversal of the Pulaski Board of Zoning Appeals’s granting of Moss Creek Solar’s application. Finds the BZA’s decision to wasn’t arbitrary, capricious, an abuse of discretion or otherwise not in accordance with the law. Remanded with instructions for the court to address the merits of the application.

Raj K. Patel v. Alphabet Inc. and Google LLC (mem. dec.)
23A-CT-126
Civil tort. Affirms the Marion Superior Court’s granting of Google’s motion to dismiss. Finds Raj Patel’s complaint failed to state a claim upon which relief can be granted.

David Lloyd Claytor v. State of Indiana (mem. dec.)
22A-CR-2913
Criminal. Affirms David Claytor’s 24-year sentence for dealing in methamphetamine, combined with a habitual offender enhancement. Finds the sentence in the Jay Circuit Court is not inappropriate in light of Claytor’s crimes and character.

Gerry N. Neidhamer v. State of Indiana (mem. dec.)
22A-CR-2916
Criminal. Affirms the Vigo Superior Court’s revoking of Gerry Neidhamer’s probation. Finds the trial court did not abuse its discretion.

In the Termination of the Parent-Child Relationship of: H.B., Au.B., And.B, T.B., E.B., L.B., Cl.B, Ann.B, R.B. N.B., and S.B. (Father) and Ch.B. (Mother) v. Indiana Department of Child Services (mem. dec.)
22A-JT-2138
Juvenile termination of parental rights. Affirms involuntary termination of Ch.B.’s and S.B.’s parental rights. Finds the Lawrence Circuit Court’s determination that termination is in the children’s best interests is supported by clear and convincing evidence.

In the Matter of the Termination of the Parent-Child Relationship of A.J. (Minor Child); M.J. (Mother) v. Indiana Department of Child Services (mem. dec.)
23A-JT-66
Juvenile termination of parental rights. Affirms the termination of M.J.’s parental rights. Finds M.J.’s due process rights weren’t violated. Also finds the St. Joseph Probate Court’s termination is not clearly erroneous.

In the Termination of the Parent Child Relationship of T.H. (Minor Child) K.D. (Mother) v. Indiana Department of Child Services (mem. dec.)
23A-JT-84
Juvenile termination of parental rights. Affirms the termination of K.D.’s parental rights. Finds the Monroe Circuit Court did not clearly err in concluding the conditions that led to the child’s placement with his foster parents are not likely to be remedied. Also finds the trial court’s finding for the child’s best interest is not clearly erroneous.