Opinions March 11, 2022

The following opinions were posted after IL deadline Thursday:
7th Circuit Court of Appeals
Corey Crouch v. Richard Brown, et al.
21-2422
Appeal from the United States District Court for the Southern District of Indiana, Terre Haute Division. Judge James P. Hanlon.
Civil. Affirms the Southern Indiana District Court’s grant of summary judgment to the defendants on Indiana Department of Correction inmate Corey Crouch’s challenge to his solitary confinement placement in which he asserted it was not meaningfully reviewed. Finds that during his time in solitary confinement, Crouch received numerous classification and status reports, which he did not appeal. Therefore, also finds he failed to exhaust his available administrative remedies. 

Indiana Supreme Court
Elizabeth Roetter v. Michael P. Roetter, Jr.
21S-DC-568
Domestic relation with children. Affirms the Hendricks Superior Court’s award of spousal maintenance to Elizabeth Roetter and the division of property between her and ex-husband Michael P. Roetter Jr. Finds the trial court didn’t err in its spousal maintenance award and that Elizabeth’s request is for rehabilitative maintenance. Also finds the trial court didn’t err in its division of property and that it was not required to follow a rigid, technical formula.

Friday opinions
Court of Appeals of Indiana
Dale Williamson v. Ivy Tech Community College (mem. dec.)
21A-PL-1386
Civil plenary. Affirms in part, reverses in part, and remands for further proceedings. Finds that the Floyd Superior Court erred in granting Ivy Tech Community College’s motion to dismiss Dale Williamson’s Americans with Disabilities Act and Rehabilitation Act of 1973 claims and in dismissing Williamson’s breach-of-contract claim. However, also finds that because Williamson brought several tort claims against Ivy Tech but failed to comply with the notice provisions of the Indiana Tort Claims Act, the trial court properly dismissed them. Remands for further proceedings.

Alayna M. Gregory and Amy Gregory v. Jay P. Ritchison (mem. dec.)
21A-CT-2247
Civil tort. Affirms the Johnson Superior Court’s reduction of a jury’s $60,500 award to Amy Gregory against Jay Ritchison to $9,179 after Gregory’s car was totaled. Finds that the trial court did not abuse its discretion in determining that Gregory’s proven damages equaled $9,179, the maximum value of her vehicle on the date of the accident.

James Edward Samuels v. State of Indiana (mem. dec.)
21A-CR-1810
Criminal. Affirms the denial of James Edward Samuels’ motion to dismiss the state’s charges of Class A felony child molesting and Class B felony vicarious sexual gratification. Finds Samuels has not met his burden to show error.

Robert Dean Knipp v. State of Indiana (mem. dec.)
21A-CR-1223
Criminal. Affirms Robert Dean Knipp’s convictions for Level 6 felony theft and Class A misdemeanor home improvement fraud. Finds sufficient evidence to support Knipp’s conviction. Also finds Knipp’s argument that the trial court did not conduct an inquiry into his financial status regarding his ability to pay restitution is unavailing.

Matthew Hensley v. State of Indiana (mem. dec.)
21A-CR-2042
Criminal. Affirms the revocation of Matthew Hensley’s probation. Finds sufficient evidence that Hensley violated his probation. Also finds the Jefferson Circuit Court did not abuse its discretion by revoking Hensley’s probation

Jack B. Harrell v. State of Indiana (mem. dec.)
21A-CR-1862
Criminal. Affirms Jack Harrell’s 25-year sentence for his conviction of Level 1 felony neglect of dependent resulting in death. Finds his sentence is not inappropriate.

Andrew Jay West, Executor of the Estate of Patsy V. Gartley v. Michael D. Gartley and Peter H. Donahoe, Co-Personal Administrators of the Estate of Richard C. Gartley (mem. dec.)
21A-EU-l 687
Estate, unsupervised. Affirms the Marion Superior Court’s order allowing the spousal allowance filed for by Peter Donahoe, co-administrator of Richard Gartley’s estate. Finds the appeal is timely and Richard is a surviving spouse who is entitled to the spousal allowance even though he did not claim it before his death.

M.H. v. State of Indiana (mem. dec.)
21A-JV-2326
Juvenile. Reverses and remands M.H.’s adjudication as a delinquent under the dangerous-possession-of-a-firearm statute for an act he committed in 2019. Finds that the law in effect at the time of the act, as interpreted in K.C.G. v. State, 156 N.E.3d 1281, 1282 (Ind. 2020,) requires holding that the juvenile court lacked subject matter jurisdiction over the state’s petition. Also finds that retroactively applying the statutory amendment would allow juveniles to be punished for acts that, at the time they were committed, were legally not acts for which juveniles could be punished, which would violate a juvenile’s right to be free from ex post facto laws.

In re the Termination of the Parent-Child Relationship of: E.E. (Child) and C.E. (Mother) v. Indiana Department of Child Services (mem. dec.)
21A-JT-2291
Juvenile termination of parental rights. Affirms the termination of mother C.E.’s parental rights to her child, E.E. Finds that clear and convincing evidence supports the Hendricks Superior Court’s finding that terminating C.E.’s parental rights is in E.E.’s best interests.

Al Taylor v. City of Hammond, Indiana (mem. dec.)
21A-OV-345
Ordinance violations. Affirms the denial of Al Taylor’s motions to correct error filed after he was fined $1,500 for ordinance violations. Finds Taylor’s appellate claims regarding his fines for multiple ordinance violations are waived, considering that the deficiencies in Taylor’s appellate brief are so great that they impede the court’s ability to review the merits at all. Grants the City of Hammond’s request for attorney fees due to Taylor’s brief being full of vexatiousness and unsupported claims. Remands for further proceedings.

Southwood Healthcare Center, as Authorized Representative of Samuel Hill v. Indiana Family and Social Services Administration (mem. dec.)
21A-MI-1778
Miscellaneous. Affirms the denial of Samuel Hill’s petition for judicial review of the Indiana Family and Social Services Administration’s final agency action that found him ineligible for Medicaid benefits due to the value of his assets. Finds the Vigo Superior Court did not err in denying Hill’s petition.