Opinions Nov. 9, 2023

The following 7th Circuit Court of Appeals opinion was posted after IL deadline Wednesday:
United States of America v. Von Eric Sweatt
23-1752
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Chief Judge Tanya Walton Pratt.
Criminal. Vacates the district court’s denial of Von Eric Sweatt’s motion to modify the terms of his restitution obligation of $20,038.52 based on a change in his financial circumstances pursuant to 18 U.S.C. § 3664(k). Finds the district court has the authority to adjust Sweatt’s restitution payment schedule. Remands for the district court to consider Sweatt’s motion on the merits.

Thursday opinions
Court of Appeals of Indiana
Laurie Gardner v. Anonymous Physician
23A-CT-345
Civil tort. Reverses the Lake Superior Court’s order dismissing Laurie Gardner’s medical malpractice complaint against Anonymous Physician based on Indiana Trial Rule 12(B)(1) for lack of subject-matter jurisdiction. Finds that while Gardner may not proceed against Anonymous Physician based on his treatment of another patient or his actions as a medical director at the hospital, she may pursue a medical malpractice action related to any treatment she received from Anonymous Physician for her workplace injury. Remands for further proceedings.

Larry Jo Taylor, Jr. v. State of Indiana
22A-CR-2615
Criminal. Affirms Larry Taylor’s convictions in Marion Superior Court of felony murder; three counts of burglary, Level 4 felonies; three counts of theft, Level 6 felonies; criminal confinement, a Level 3 felony; auto theft, a Level 6 felony; and carrying a handgun without a license, a Class A misdemeanor. Finds Taylor’s arguments that his statements to law enforcement regarding his cellphone and cellphone number were inadmissible fail because Taylor’s statements were not admitted into evidence during the trial.

Charles W. Florance v. Indiana University (mem. dec.)
22A-CC-2653
Civil collections. Affirms the St. Joseph Circuit Court order granting summary judgment to Indiana University on Charles Florance’s claim that the university committed breach of contract by modifying its attendance policies. Finds the trial court did not err in granting the university summary judgment on the claim of breach of contract, or in dismissing the Americans with Disabilities Act-related counterclaim.

Thomas L. Beall v. State of Indiana (mem. dec.)
22A-CR-2990
Criminal. Affirms Thomas Beall’s convictions in Delaware Circuit Court of three counts of child molesting as Level 1 felonies and two counts of child molesting as Level 4 felonies. Finds the admission of a forensic nurse’s reports that included interview notes from children sexually abused by Beall did not implicate, let alone violate, Beall’s rights under the confrontation clause of the Sixth Amendment to the United States Constitution because the children testified and were cross-examined by Beall at trial.

Corey L. Preston v. State of Indiana (mem. dec.)
23A-CR-590
Criminal. Affirms Corey Preston’s 11-year sentence in Allen Superior Court for Level 5 felony intimidation and a habitual offender enhancement. Finds the sentence is not inappropriate in light of the nature of the offense and Preston’s character.

Derrick A. Kimbrell v. State of Indiana (mem. dec.)
23A-CR-169
Criminal. Affirms the M revocation of Derrick Kimbrell’s work release placement. Finds the evidence most favorable to the Madison Circuit Court’s judgment proved that Kimbrell violated the terms of his work release placement. Also finds the trial court did not abuse its discretion when it ordered him to serve 365 days as a sanction for his violations.

In re: The Marriage of Jennie M. (Morgan) Gray v. Phillip Morgan (mem. dec.)
23A-DR-195
Domestic relations. Affirms the Johnson Superior Court’s modification orders as to Jennie Gray and Phillip Morgan’s custody and parenting time agreement but reverses the contempt finding against Gray. Finds the contempt finding and corresponding order sentencing Gray to jail give no indication that she had an opportunity to purge herself of the contempt. Also finds, independent of the contempt orders, that the record sufficiently supports a finding that the modifications were in the children’s best interests and that there was a substantial change in at least one of the best-interest factors.