Opinions May 31, 2023

The following 7^th Circuit Court of Appeals opinions were posted after IL deadline on Tuesday:
Angel Combs v. Kilolo Kijakazi, Acting Commissioner of Social Security
22-2381
Appeal from the United States District Court for the Northern District of Indiana, Fort Wayne Division. Senior Judge William C. Lee.
Civil. Affirms the determination that Angel Combs was not disabled at any time since the alleged onset of disability. Finds the record amply supports the administrative law judge’s conclusion that Combs was not disabled during a closed period between June 2019 and July 2020.

United States of America v. Angela Baldwin, also known as Angela Taylor
22-1835
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Chief Judge Tanya Walton Pratt.
Criminal. Affirms Angela Baldwin’s convictions of sexual exploitation of a minor, conspiring to produce child pornography and possession of child porn, and her sentence to 400 months. Finds Baldwin’s prosecution was not vindictive. Also finds her sentence is not excessive.

Wednesday opinions
Court of Appeals of Indiana
In re the Termination of the Parent-Child Relationship of T.M. (Minor Child) and M.M. (Mother) M.M. (Mother) v. Indiana Department of Child Services
22A-JT-2628
Juvenile termination of parental rights. Affirms the termination of mother M.M.’s parental rights to T.M. Finds the Cass Circuit Court erred in concluding T.M. had been removed from M.M. for at least six months under a disposition decree, but the error does not warrant reversal. Remands for the entry of a corrected order.

Jason Morales v. Craig Grage, Guy Rosebery, and Rebecca Bennett (mem. dec.)
22A-PL-1917
Civil plenary. Affirms and reverses in part the order dismissing Jason Morales’ complaint in which he alleged violations of his rights under the Indiana and federal Religious Freedom Restoration Acts while he was incarcerated. Finds the Hendricks Superior Court did not err when it dismissed Morales’ claims under the federal RFRA statute, nor did it err when it dismissed his claims seeking declaratory and injunctive relief for past alleged harms, or his claims seeking punitive damages. Also finds the trial court erred when it dismissed Morales’ claims against the defendants in their official capacities seeking compensatory damages for the alleged RFRA violations. Remands for further proceedings.

Lydia K. Rockey v. Med-1 Solutions, LLC (mem. dec.)
22A-CT-2159
Civil tort. Reverses the grant of summary judgment in favor of Med-1 Solutions LLC on a complaint filed by Lydia K. Rockey. Finds that the undisputed evidence establishes as a matter of law all the elements of Rockey’s claim under the Fair Debt Collection Practices Act, and that the bona fide error defense is unavailable to Med-1. Also finds it is inappropriate to enter summary judgment in Rockey’s favor at this time because the threshold issue of standing has not been addressed. Remands for further proceedings.

Desmond L. Crews v. State of Indiana (mem. dec.)
23A-CR-44
Criminal. Affirms the Lake Superior Court’s refusal to consider Desmond L. Crews’ pro se motion to withdraw his guilty plea. Finds Crews has waived the issue because he did not tender a motion that complied with statute. Waiver notwithstanding, also finds the trial court did not abuse its discretion.

Andrew Jackson Bradley, Jr. v. State of Indiana (mem. dec.)
22A-CR-2027
Criminal. Affirms Andrew J. Bradley Jr.’s conviction of Level 2 felony dealing in methamphetamine. Finds that even if the Putnam Circuit Court abused its discretion in granting the state’s motion to quash, the abuse had minimal, if any, effect on the fact-finding process at trial. Also finds Bradley waived any objection to the admission of evidence after he was stopped.

Travis Nichols v. State of Indiana (mem. dec.)
22A-CR-3012
Criminal. Affirms the denial of Travis Nichols’ petition for permission to file a belated notice of appeal. Finds Nichols is not an eligible defendant under Indiana Post-Conviction Rule 2(1). Also finds the post-conviction court did not err in denying Nichols’ petition.

Jill D. Beagle (formerly Schlotterback) v. Terry L. Schlotterback, Jr. (mem. dec.)
22A-DN-2947
Domestic relations no children. Reverses the decree dissolving the marriage of Jill D. Beagle and Terry L. Schlotterback. Finds the Noble Superior Court abused its discretion in valuing the marital residence. Remands with instructions.

In the Involuntary Termination of the Parent-Child Relationship of: T.N. and L.N. (Minor Children), and S.N. (Mother) v. Indiana Department of Child Services (mem. dec.)
22A-JT-2591
Juvenile termination of parental rights. Affirms the involuntary termination of mother S.N.’s parental rights to T.N. and L.N. Finds the Allen Superior Court did not clearly err in finding a reasonable probability exists that the conditions resulting in the children’s removal and the continued reasons for placement outside S.N.’s care will not be remedied. Also finds the trial court’s determination that termination is in the children’s best interests is supported by clear and convincing evidence. Finally, finds clear and convincing evidence supports the trial court’s determination that adoption is a satisfactory plan for the care and treatment of the children.

In the Termination of the Parent-Child Relationship of: N.S. (Minor Child), and E.S. (Mother) v. Indiana Department of Child Services (mem. dec.)
22A-JT-2977
Juvenile termination of parental rights. Affirms the involuntary termination of mother E.S.’s parental rights to N.S. Finds clear and convincing evidence supports the Tipton Circuit Court’s determinations that there is a reasonable probability that continuation of the parent-child relationship poses a threat to N.S.’s well-being and that there is a reasonable probability that the conditions resulting in N.S.’s removal will not be remedied. Also finds the trial court’s determination that termination is in the best interests of N.S. is supported by clear and convincing evidence.

In the Matter of the Termination of the Parent-Child Relationship of X.D. (Minor Child); N.D. (Mother) v. Indiana Department of Child Services (mem. dec.)
22A-JT-3093
Juvenile termination of parental rights. Affirms the termination of mother N.D.’s parental rights to X.D. Finds the Bartholomew Circuit Court did not clearly err by relying on exhibits submitted by the Department of Child Services, determining that the conditions that resulted in X.D.’s removal were unlikely to be remedied, and determining that termination of N.D.’s parental rights was in X.D.’s best interests.

Eric M. Cartwright v. State of Indiana (mem. dec.)
22A-CR-2327
Criminal. Affirms Eric Cartwright’s convictions of Level 4 felony possession of a narcotic, Level 5 felony possession of methamphetamine and Level 6 felony unlawful possession of a syringe, his adjudication as a habitual offender and his aggregate 28-year sentence. Finds the Elkhart Circuit Court did not abuse its discretion when it admitted into evidence at trial the meth, fentanyl and other contraband found during a car search. Also finds the state presented sufficient evidence to show both Cartwright’s capability and intent to control the items in the car. Finally, finds Cartwright’s sentence is not inappropriate.

Charles Marvin Hughes v. D.J. (mem. dec.)
23A-PO-247
Protection order. Affirms the issuance of a protective order against Charles Marvin Hughes in favor of his former wife, D.J. Finds the evidence is sufficient to support the issuance of the order.

Nica Auto and Fleet Repair v. Adaobi Alston (mem. dec.)
22A-SC-1472
Small claims. Reverses the small claims judgment in favor of Adaobi Alston in a dispute with Nica Auto and Fleet Repair. Finds Nica has demonstrated prima facie error in the Marion County Small Claims Court Wayne Township Division’s order.

A.S. v. State of Indiana (mem. dec.)
22A-JV-2757
Juvenile. Affirms the order committing 16-year-old A.S. to the Indiana Department of Correction. Finds the juvenile court did not abuse its discretion.