Opinions June 30, 2023

The following 7th Circuit Court of Appeals opinion was posted after IL deadline on Thursday:

Rene Martinez v. Kilolo Kijakazi, Acting Commissioner of Social Security
22-1820
Appeal from the United States District Court for the Northern District of Indiana, Fort Wayne Division. Judge Robert Miller.
Civil. Vacates the district court’s denial of Rene Martinez’s application for supplemental security income. Finds the administrative law judge’s decision is not supported by substantial evidence. Remands for further consideration.

The following Indiana Supreme Court opinions were posted after IL deadline on Thursday:

Zachary Miller v. Laxeshkumar Patel, M.D.; John Schiltz, M.D.; Benjamin Coplan, M.D.; Community Physicians of Indiana, Inc.; and Community Howard Regional Health, Inc., d/b/a Community Howard Behavioral Health
22S-CT-371
Civil tort. Affirms the Howard Superior Court’s granting of summary judgment for the defendants. Finds collateral estoppel can be applied to Zachary Miller. Also finds the defendants met the burden of establishing Miller’s damages aren’t compensable. Chief Justice Loretta Rush concurs in part and dissents in part with separate opinion.

Christopher Jerome Harris v. State of Indiana
23S-CR-165
Criminal. Grants transfer. Affirms Christopher Harris’ habitual offender status determination. Vacates Part II of the Court of Appeals of Indiana opinion. Finds the Marion Superior Court did not err in excluding Harris’ testimony concerning the circumstances of his crimes. Remands for attachment of the habitual offender sentence enhancement to Harris’ robbery sentence. Justice Derek Molter concurs in part and in the judgment with separate opinion. Chief Justice Loretta Rush concurs in part and dissents in part with separate opinion. Justice Geoffrey Slaughter dissents with separate opinion.

Friday opinions

Indiana Supreme Court

Members of the Medical Licensing Board of Indiana, et al. v. Planned Parenthood Great Northwest, Hawai’i, Alaska, Indiana, Kentucky, Inc., et al.
22S‐PL‐338
Civil plenary. Vacates the Monroe Circuit Court’s preliminary injunction against Senate Bill 1. Finds the plaintiffs have standing to contest the constitutionality of Senate Bill 1. Also finds Article 1, Section 1 of the Indiana Constitution protects a woman’s right to an abortion that is necessary to protect her life or to protect her from a serious health risk, but that Section 1 generally permits the General Assembly to prohibit abortions which are unnecessary to protect a woman’s life or health. Finally, finds because the State can enforce Senate Bill 1, plaintiffs failed to show a reasonable likelihood of success on the merits of their facial challenge. Remands for proceedings consistent with this opinion. Justice Geoffrey Slaughter concurs with separate opinion. Justice Christopher Goff concurs in part and dissents in part with separate opinion.

Court of Appeals of Indiana

Franciscan Alliance, Inc. v. City of Hammond, Indiana
22A-PL-3085
Civil plenary. Reverses the Lake Superior Court’s preliminary injunction against Franciscan Alliance. Finds the city of Hammond lacks standing to bring this case because any alleged injury is speculative and not directly traceable to Franciscan’s conduct.. Remands to dismiss the city’s claim.

In the Matter of D.P. (Minor Child) H.P. (Mother) and D.P. (Father) v. Indiana Department of Child Services
22A-JC-2836
Juvenile CHINS. Affirms the Jennings Circuit Court’s judgment designating four-year-old child as a child in need of services due to parents’ drug use, lack of supervision. Finds there was no error.

Brittany Anderson v. Jan Michael Anderson (mem. dec.)
22A-DC-3021
Domestic relations with children. Affirms the Henry Circuit Court’s order modifying Brittany Anderson’s custody, parenting time and child support. Finds Anderson failed to show prima facie error regarding the trial court’s decision to modify custody.

Chase E. Adams v. State of Indiana (mem. dec.)
22A-CR-2859
Criminal. Affirms Chase Adams’ aggregate 50-year sentence by the Delaware Circuit Court on charges of murder, Level 6 felony obstruction of justice and two counts of Class B misdemeanor criminal mischief. Finds the jury would have reached the same conclusion had it been properly instructed. Also finds Adams’ summary of the affidavit was sufficient to convey the point of the affidavit and allow for the trial court’s review of his mistrial motion. Finally, finds the evidence was sufficient.

Lauren Phillips v. State of Indiana (mem. dec.)
22A-CR-2089
Criminal. Affirms the Fayette Superior Court’s denial of Lauren Phillips’ motion to suppress. Finds a deputy had reasonable suspicion to conduct the traffic stop under the Fourth Amendment. Also finds Phillips’ rights were not violated under Article 1, Section 11.

Chadwick Delany Gunter v. State of Indiana (mem. dec.)
23A-CR-88
Criminal. Affirms the revocation of Chadwick Gunter’s probation. Finds the Jefferson Circuit Court did not abuse its discretion.

Reginald Joseph Carter v. State of Indiana (mem. dec.)
22A-CR-2437
Criminal. Affirms Reginald Carter’s conviction of three counts of murder and Level 4 arson. Finds the Lake Superior Court did not commit fundamental error by excluding 404(b) evidence.

Joshua J. Stevens v. State of Indiana (mem. dec.)
22A-CR-2377
Criminal. Affirms Joshua Stevens’ conviction of five counts of child molesting and 85-year sentence. Finds the erroneous admission of a forensic interview in the Lawrence Superior Court was harmless.

Victoria P. Akers v. State of Indiana (mem. dec.)
22A-CR-2714
Criminal. Affirms Victoria Akers’ conviction for Class A criminal trespass. Finds the state provided sufficient evidence. Also finds any affirmative defense based on Akers’ mental illness has been waived because she failed to provide evidence of an insanity defense.

Jameicio D. Wallace v. State of Indiana (mem. dec.)
22A-CR-2893
Criminal. Affirms Class A operating a vehicle while intoxicated in a manner endangering a person and Class A driving while suspended convictions against Jameicio Wallace. Remands to vacate judgments of conviction for Class C misdemeanor OWI and Class C misdemeanor operating a vehicle with a blood alcohol concentration equivalent to at least 0.08 grams per 100 milliliters. Finds Wallace’s right not to be placed in double jeopardy was violated in the Marion Superior Court.

Jared Smith v. State of Indiana (mem. dec.)
22A-CR-2496
Criminal. Affirms the Steuben Superior Court’s partial denial of Jared Smith’s motion to suppress. Remands for further proceedings consistent with this opinion.

Freddie Crandall III v. State of Indiana (mem. dec.)
23A-CR-328
Criminal. Affirms Fredd Crandall III’s sentence for operating a vehicle as an habitual traffic violator as a Level 6 felony and a Class A misdemeanor resisting law enforcement. Finds Crandall has not sustained his burden of establishing that his aggregate sentence of two years with 185 days suspended to supervised probation is inappropriate in light of the nature of the offenses and his character.

Joseph Beale v. Jennifer Beale (mem. dec.)
22A-DN-2180
Domestic relations without children. Affirms the Carroll Circuit Court’s denial of Joseph Beale’s post-dissolution motion to set aside the dissolution decree for fraud or excusable neglect. Finds Joseph’s poor decision is not excusable neglect as contemplated by Rule 60(B)(1).

In the Matter of S.L. (Minor Child), S.L. (Mother) V. Indiana Department of Child services and Kids’ Voice of Indiana (mem. dec.)
23A-JC-117
Juvenile CHINS. Affirms the Marion Superior Court’s judgment. Finds the record supports the judgment that the minor child was a child in need of services.

B.K. and S.K. v. State of Indiana (mem. dec.)
22A-JV-2921
Juvenile. Affirms the Hendricks Superior Court’s restitution order. Finds it cannot say the trial court abused its discretion in finding B.K. is able to pay $250 per month and S.K. is able to pay $125 per month.

K.T. v. State of Indiana (mem. dec.)
23A-JV-589
Juvenile. Affirms the Warren Circuit Court’s order committing K.T. to the Indiana Department of Correction. Finds no abuse of discretion.

In the Termination of the Parent-Child Relationship of: J.M. (Minor Child) and W.M. (Father) v. Indiana Department of Child Services (mem. dec.)
23A-JT-43
Juvenile termination of parental rights. Affirms involuntary termination of W.M.’s parental rights to his child J.M. Finds the Washington Superior Court’s determination that termination is in J.M.’s best interests is supported by clear and convincing evidence.

In re the Matter of the Commitment of D.E. v. Evansville State Hospital, Indiana Family and Social Services Administration, Division of Mental Health and Addiction (mem. dec.)
22A-MH-2271
Mental health. Affirms the Brown Circuit Court’s order of continued confinement at the Evansville State Hospital, following D.E.’s involuntary commitment to the Indiana Family and Social Services Administration Division of Mental Health and Addiction. Finds the trial court did not err in concluding that D.E. knowingly, voluntarily and intelligently waived his right to counsel at the commitment review hearing. Also finds the trial court’s ruling allowing D.E. to proceed pro se was not error.

Evan Hodge v. State of Indiana (mem. dec.)
22A-PC-2033
Post conviction relief petition. Affirms the denial of Evan Hodge’s petition for post-conviction relief. Finds the evidence does not lead to an opposite conclusion that the PCR court had reached.