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As a subscriber you can listen to articles at work, in the car, or while you work out. Subscribe NowThe following opinions were posted after IL deadline Thursday:
7th Circuit Court of Appeals
St. Vincent Medical Group, Inc., d/b/a Ascension Medical Group-Indiana v. United States Department of Justice
22-3009
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge James P. Hanlon
Civil. Affirms the district court’s judgment in favor of the United States Department of Justice. Finds the department’s refusal to make either a Drug Enforcement Agency agent or a federal prosecutor available to Ascension Medical Group for depositions in state court litigation was reasonable. Also finds that a district court can only force the department to take part in state court discovery when it contravenes the Administrative Procedure Act’s arbitrary-and-capricious standard.
Indiana Supreme Court
Matthew Hayko v. State of Indiana
23S-CR-13
Criminal. Affirms Matthew Hayko’s conviction on a charge of Level 4 felony child molesting in Spencer Circuit Court and his sentence of eight years, with two of those years suspended to probation. Finds Hayko laid a proper foundation to admit his proffered opinion testimony, and the trial court erred in excluding that evidence for lack of foundation. Also finds that error was harmless, and Hayko has not shown that the excluded opinion testimony would have impacted a reasonable, average jury to such an extent that undermines the court’s confidence in the verdict.
Friday opinions
Court of Appeals of Indiana
In re the Supervised Estate of Gene D. Bricker, Deceased Ann Bricker v. The Estate of Gene D. Bricker and Dennis Bricker
23A-ES-3
Estate supervised. Affirms the Hancock Superior Court’s denial of Ann Bricker’s petition to have real estate and a farm account included in Gene Bricker’s estate. Finds there is some similarity between transfer-on-death transfers and a trust designed to defeat a surviving spouse’s share, but concludes the TOD transfers in this case cannot be included in Gene Bricker’s estate. Also finds TOD transfers cannot be found to be “testamentary in nature” for purposes of the state’s spousal inheritance statute.
Xihui Wang v. Mingyu Sun
22A-SC-1473
Small claims. Affirms and reverses in part the order for tenant Xihui Wang to pay landlord Mingyu Sun $38.76 plus $59.37 in court costs. Finds there was a written lease for 11 months. Also finds Wang did not give Sun a reasonable opportunity to fix any problems that she identified after moving in, so her decision to terminate the lease does not mean that she is excused from pay rent and utilities from October to February. Finally, finds Wang is not entitled to attorney fees under the security-deposit statute, and she owes Sun $1,938.76 plus $59.37 in court costs. Judge Elizabeth Tavitas concurs and dissents in part with separate opinion.
L.W. v. Review Board of the Indiana Department of Workforce Development (mem. dec.)
23A-EX-427
Agency action. Affirms the Indiana Department of Workforce Development’s review board’s determination that L.W. was ineligible for a waiver of her unemployment benefits repayment obligations. Finds the review board’s determination was not unreasonable.
In the Matter of the Termination of Parental Rights of: E.B. & A.S. (Minor Children), and J.B. (Father) v. Indiana Department of Child Services (mem. dec.)
22A-JT-3079
Juvenile termination of parental rights. Affirms the termination of father J.B.’s parental rights to E.B. and A.S. Finds the evidence clearly and convincingly supports the Delaware Circuit Court’s findings, and those findings clearly and convincingly support the judgments terminating father’s parental rights.
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