Opinions March 13, 2023

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

National Labor Relations Board v. Neises Construction Corporation
18-1774
Petition of the National Labor Relations Board for an Adjudication in Civil Contempt, Assessment of Noncompliance Fines and Other Requested Civil Relief.
Agency. Imposes some of the National Labor Relations Board’s requested remedies against Neises Construction Corporation. Finds Neises in contempt.

Monday opinions

Court of Appeals of Indiana
Gregory Wireman v. LaPorte Hospital Co., LLC
22A-CT-2639
Civil tort. Affirms summary judgment in favor of the LaPorte Hospital. Finds the LaPorte Circuit Court did not err by concluding that the doctrine of res ipsa loquitur does not apply to Gregory Wireman’s claims.

Stacy Smith v. Michael Hensel (mem. dec.)
22A-PL-1643
Civil plenary. Reverses the Shelby Superior Court’s entry of summary judgment for Michael Hensel. Finds the parties’ agreement is ambiguous. Remands for further proceedings.

Sein Thu v. Guy Willis, Sr., Adriel Willis, and Guy Willis, Jr. (mem. dec.)
22A-CT-1450
Civil tort. Affirms the Allen Superior Court’s judgment in favor of Guy Willis Sr. Finds Willis did not need to present expert medical testimony to prove the causation of his injuries.

Metropolitan Property and Casualty Insurance Company d/b/a Farmers Property and Casualty Insurance Company, Phillip Ellis, and Kathy Ellis v. West Bend Mutual Insurance Company (mem. dec.)
22A-CT-2128
Civil tort. Affirms the Hendricks Superior Court’s summary judgment to West Bend. Finds Farmers Property and Casualty Insurance Company failed to demonstrate that any coverage that may exist is primary.

Elsie D. Weaver v. Richard D. Weiss, M.D. d/b/a Michiana Eye Center, LLC (mem. dec.)
22A-CT-1296
Civil tort. Affirms the St. Joseph Circuit Court’s granting of summary judgment in favor of Richard Weiss. Finds Elsie Weaver failed to demonstrate the existence of a genuine issue of material fact.

Lane Devin Snowberger v. Stephanie Lee Sparling (Snowberger) (mem. dec.)
22A-DC-1688
Domestic relations with children. Affirms the partial denial of Lane Lee Snowberger’s motion to correct error and entry of the Second Amended Decree of Dissolution in favor of Stephanie Lee Sparling. Finds the Allen Superior Court’s orders on the division of the marital estate, contempt and primary physical custody are not clearly erroneous.

Charlie Davis Leshore, Jr. v. State of Indiana (mem. dec.)
22A-CR-2439
Criminal. Affirms denial of Charlie Davis Leshore’s motion to correct erroneous sentence. Finds Leshore’s motion improper.

Kipper L. Doran v. State of Indiana (mem. dec.)
22A-CR-2157
Criminal. Affirms the finding that Kipper Doran violated the conditions of his probation. Finds the Bartholomew Superior Court did not abuse its discretion.

James McGee v. State of Indiana (mem. dec.)
22A-CR-2153
Criminal. Affirms the sanction imposed against James McGee upon revocation of his probation. Finds the Howard Superior Court did not abuse its discretion.

Robert Robinson v. State of Indiana (mem. dec.)
22A-CR-1631
Criminal. Affirms Robert Robinson’s conviction in the Marion Superior Court of criminal recklessness as a Level 6 felony. Finds evidence was sufficient to support Robinson’s conviction. Also finds Robinson personally waived his right to a jury trial.

Melisa Davis v. State of Indiana (mem. dec.)
22A-CR-1124
Criminal. Affirms Melissa Davis’ six-year sentence for domestic battery resulting in injury to a pregnant family member, a Level 5 felony. Finds no sentencing error from the Monroe Circuit Court.

James Michael Miller v. State of Indiana (mem. dec.)
22A-CR-1865
Criminal. Affirms James Miller’s sentence of six years for Level 5 felony operating a motor vehicle after forfeiture of license for life. Finds the Noble Circuit Court did not abuse its discretion in sentencing Miller.

Garrison Byrd, Jr. v. State of Indiana (mem. dec.)
22A-CR-2444
Criminal. Dismisses Garrison Byrd’s appeal of the revocation of his probation by the Parke Circuit Court. Finds Byrd’s argument on appeal is not properly before the court.

Joseph W. Baldwin v. State of Indiana (mem. dec.)
22A-CR-1736
Criminal. Affirms Joseph Baldwin’s 10 1/2-year sentence from the Switzerland Circuit Court for Level 6 felony operating a vehicle while intoxicated and being a habitual vehicular substance offender. Finds Baldwin failed to convince the court that his sentence is inappropriate in light of either the nature of his offense or his character.

Paul Steven Mills v. State of Indiana (mem. dec.)
22A-CR-2216
Criminal. Affirms the denial of Paul Mills’ petition to modify his sentence. Finds the Vermillion Circuit Court acted within its discretion in denying Mills’ petition to modify his sentence and that the state acted within the scope of Mills’ plea agreement when it objected to the modification.

In the Matter of C.B., A Child in Need of Services, S.J. v. Indiana Department of Child Services and Kids’ Voice of Indiana (mem. dec.)
22A-JC-1185
Juvenile CHINS. Affirms the juvenile court’s order adjudicating C.B. to be a child in need of services. Finds the Marion Superior Court did not abuse its discretion when it admitted certain evidence into the record at the fact-finding hearing. Also finds the juvenile court’s findings were supported by the evidence. Finally, finds that the juvenile court’s determination that the child is a CHINS was not clearly erroneous.

In the Matter of the Paternity of A.D.S., Zach Shaw v. Cheyenne Sexton and Fallan Markwell, and State of Indiana (mem. dec.)
22A-JP-1577
Juvenile paternity. Affirms the trial court’s denial of Zach Shaw’s motion for DNA testing. Finds the Henry County Court correctly applied Fairrow and did not abuse its discretion when it denied Shaw’s motion for DNA testing.

In the Termination of the Parent-Child Relationship of: J.C. and D.G. (Minor Children) L.C. (Father) v. Indiana Department of Child Services (mem. dec.)
22A-JT-2231
Juvenile termination of parental rights. Affirms the termination of L.C.’s parental rights. Finds clear and convincing evidence to support the Marion Superior Court’s finding.

Andre Wells v. Dushan Zatecky (mem. dec.)
22A-SC-1337
Small claim. Affirms the denial of Andre Wells’ petition for permission to file a belated notice of appeal. Finds the Madison Circuit Court did not abuse its discretion.