Opinions June 26, 2023

The following 7^th Circuit Court of Appeals opinion was posted after IL deadline on Friday:
Teresa F. Sykes and Shirley A. Parton v. Cook Incorporated, Cook Medical LLC, and William Cook Europe APS
22-1844 and 22-2256
Appeals from the United States District Court for the Southern District of Indiana, Indianapolis Division. Senior Judge Richard L. Young.
Civil. Vacates the district court’s grant of summary judgment to Cook Inc. and related entities on Shirley Parton and Teresa Sykes’ product liability claims. Finds Parton and Sykes did not properly invoke federal diversity jurisdiction when they sued Cook because neither plaintiff could allege injuries in good faith that satisfied 28 U.S.C. § 1332(a)’s amount-in-controversy requirement. Remands with instructions to dismiss the cases without prejudice for lack of subject-matter jurisdiction.

Monday opinions
Indiana Supreme Court
S.D. v. G.D.
23S-PO-89
Protective order. Affirms the issuance of a two-year protective order against father S.D., with the Starke Circuit Court finding that mother G.D. had established that “domestic or family violence” occurred and that father “represents a credible threat to the safety” of G.D. and child H.D. Finds the trial court’s evidence-based findings support its judgment issuing a protective order against S.D.

Court of Appeals of Indiana
Steven Ray Hessler v. State of Indiana
22A-CR-989
Criminal. Affirms Steven Ray Hessler’s convictions of two counts of rape, each as a Class A felony, nine counts of criminal deviate conduct, each as a Class A felony, seven counts of burglary, each as a Class A felony, and one count of robbery as a Class A felony, and his sentence to an aggregate of 650 years executed. Finds the preserved instances of alleged misconduct were not prosecutorial misconduct, nor was the cumulative effect of the instances of alleged misconduct fundamental error. Also finds Hessler’s argument that four of his burglary convictions violate the common-law elevation rule and constitute double jeopardy is unavailable because Wadle v. State, 151 N.E.3d 227 (Ind. 2020), overruled the common-law double jeopardy rule and applies retroactively. Finally, finds Hessler’s sentence is not inappropriate in light of the nature of the offense and his character. Judge Nancy Vaidik concurs in part and dissents in part with separate opinion.

Eric A. Fulk v. State of Indiana (mem. dec.)
22A-CR-1606
Criminal. Affirms Eric A. Fulk’s conviction of Level 1 felony child molesting. Finds the Whitley Circuit Court did not abuse its discretion in permitting Courtney Krider’s testimony. Also finds the state presented sufficient evidence to support Fulk’s conviction.

Mindy Stephens v. State of Indiana (mem. dec.)
22A-CR-2051
Criminal. Affirms the denial of Mindy Stephens’ motion to suppress. Finds the evidence and the reasonable inferences drawn from it provided the magistrate judge with a substantial basis to conclude evidence of intoxication would be found in Stephens’ blood. Also finds the Hendricks Circuit Court did not err in rejecting Stephens’ claim that officer Jennifer Brahaum intentionally omitted material information from the blood draw affidavit, and under the totality of the circumstances, presenting Stephens’ denial to the magistrate in the probable cause affidavit would not have shown a lack of probable cause. Finally, finds Stephens has not met her burden of proof on either point required for a reverse-Franks claim. Senior Judge Margret Robb concurs in result without separate opinion.

Vickie Wooldridge v. State of Indiana (mem. dec.)
22A-CR-2296
Criminal. Affirms Vickie Wooldridge’s convictions of murder, Level 1 felony attempted murder, Level 3 felony attempted criminal confinement and Level 5 felony battery while armed with a deadly weapon. Finds Wooldridge has not established any reversible error.

William E. May, Sherry L. May, and Bill May Trucking, Inc. v. Jeronimo Lucio and Daisy Lucio (mem. dec.)
22A-PL-2328
Civil plenary. Affirms the denial of William E. May, Sherry L. May and Bill May Trucking Inc.’s motion to correct error following judgment entered for Jeronimo and Daisy Lucio on the Lucios’ complaint. Finds the Clark Circuit Court did not abuse its discretion when it found that the Mays had waived the issues of estoppel, unclean hands and laches and denied their motion to correct error.

Jerry J. Finton, Jr. v. Nancy J. Wigent (mem. dec.)
22A-PL-2682
Civil plenary. Affirms and reverses in part the interlocutory order granting in part Nancy Wigent’s summary judgment motion and denying Jerry Finton Jr.’s motion for rule to show cause in a will contest. Finds the Steuben Circuit Court erred when it granted summary judgment for Wigent on the issue of Finton’s request for attorney fees under Indiana Code § 29-1-10-14. Also finds the trial court did not abuse its discretion when it denied Finton’s motion for rule to show cause. Remands for further proceedings.

Stephen C. Stidam v. State of Indiana (mem. dec.)
22A-CR-2930
Criminal. Affirms Stephen C. Stidam’s conviction of possession of a firearm as a serious violent felon as a Level 4 felony. Finds the state presented evidence of a probative value from which a trier of fact could have found Stidham guilty beyond a reasonable doubt of knowingly or intentionally possessing a firearm.

Patrick A. Gamble v. State of Indiana (mem. dec.)
22A-CR-3040
Criminal. Affirms Patrick Gamble’s six-year sentence for Level 5 felony domestic battery. Finds Gamble’s sentence is not inappropriate.

Jeffrey L. Schnabel v. Janmarie Schnabel (mem. dec.)
22A-DC-3082
Domestic relations with children. Affirms and reverses in part the Memorandum and Order Regarding Outstanding Issues following the decree of dissolution of the marriage of Jeffrey and Janmarie Schnabel. Finds the record contains facts supporting the St. Joseph Circuit Court’s determination that Janmarie had a balance of $64,000 to transfer to Jeffrey. Also finds Janmarie has not filed a brief to point to evidence that any tax liability incurred by Jeffrey due to a withdrawal from a Janus Henderson account was paid by her or that amounts in addition to the $105,000 were withdrawn from the accounts to satisfy any such tax liability. Finally, finds that it is clear the dissolution decree contemplated that $94,000 of the Mutual Bank funds would be transferred to Jeffrey as a cash payment, and that the trial court erred in imposing monetary sanctions attributable to the period after Nov. 22, 2021, which was the date of Jeffrey’s compliance with an order to produce relevant statements and other documents. Remands for an amended order that reflects that Jeffrey still owes $5,000, not $10,000, due to his withdrawal of $105,000 from the Janus Henderson account and for recalculation of the amount Janmarie owes him; to require Janmarie to make a cash transfer to Jeffrey on the amount she still owes him with respect to the Mutual Bank funds; and for recalculation of the total monetary sanctions owed by Jeffrey attributable to the period of July 2, 2021, to Nov. 22, 2021.