Opinions Oct. 26, 2020

The following 7th Circuit Court of Appeals was posted after IL deadline Friday.
Common Cause Indiana v. Connie Lawson, et al.
20-2877
Appeal from the U.S. District Court for the Southern District of Indiana, Indianapolis Division. Judge Richard Young.
Civil. Reverses preliminary injunction blocking Indiana from enforcing the 2019 amendments to Indiana Code sections 3-11.7-2, 3-11.7-3 and 3-11.7-4. Finds the amendments that prevent individual voters from petitioning state courts to extending polling hours on Election Day do not unconstitutionally burden Hoosiers’ fundamental right to vote. Rules because Indiana voters still can seek remedy in the courts under 42 U.S.C. section 1983, the amendments do not violate the Supremacy Clause. Holds even if voters have a liberty interest in statutorily established poll hours, the amendments do not deprive them of that interest. Finally, concludes that Purcell v. Gonzalez, 549 U.S. 1, 4 (2006) applies to the case at hand.

Monday’s opinions
Indiana Court of Appeals
Hayden J. Nix v. State of Indiana
20A-CR-521
Criminal. Affirms Hayden Nix’s conviction of Level 3 felony rape. Finds Nix has not preserved his arguments on appeal that the court failed to empanel an impartial jury. Neither did the Hancock Superior Court abuse its discretion when it denied Nix’s motion for a change of venue. Rejects Nix’s drumbeat evidence argument and concludes that it fails to meet the high bar of fundamental error. Affirms the denial of Nix’s motion for funds to hire a mitigation specialist.

Roger D. Rotert v. Connie S. Stiles
20A-TR-773
Trust. Reverses the Jackson Circuit Court’s summary judgment concluding that the trust language placing Roger Rotert’s distribution in trust if he is married at the time of his mother’s death is not void as a restraint on marriage. Finds that the language in the Trust documents is void as a restraint on marriage and against public policy. Remands with instructions for the trial court to grant summary judgment to Rotert and deny Stiles’ cross-motion. Judge Melissa May dissents with separate opinion.

Ausencio Garcia Rodriguez v. State of Indiana (mem. dec.)
20A-CR-324
Criminal. Affirms Ausencio Rodriguez’s conviction of Level 1 felony child molesting. Finds the Marion Superior Court acted within its discretion when it admitted evidence of inconclusive scientific test results. That evidence was relevant, and its probative value was not substantially outweighed by a danger of unfair prejudice. Finds any error would be harmless.

In Re M.M. (Minor Child), Z.M. (Father) and A.B. (Mother) v. Indiana Department of Child Services (mem. dec.)
20A-JC-1037
Juvenile CHINS. Affirms the adjudication of Z.M. and A.B.’s minor child as a child in need of services. Finds sufficient evidence to support the Bartholomew Circuit Court’s adjudication.

KNK Group, Humphreys Construction, C’ville Steel Roofs, and Mitchell Humphreys v. Doug Sarver (mem. dec.)
20A-EX-402
Agency. Affirms the Worker’s Compensation Board’s award in favor of Doug Sarver against KNK Group, Humphreys Construction, C’Ville Steel Roofs, and Mitchell Humphreys. Finds that the defendants have not raised any issues requiring reversal of the Board’s award of total temporary disability benefits to Sarver. Remands with instructions to increase Sarver’s award by 5%.

C.D. v. State of Indiana (mem. dec.)
20A-JV-434
Juvenile. Affirms minor C.D.’s adjudication as a juvenile delinquent based on the Marion Superior Court’s finding that he committed various acts that would be crimes if committed by an adult, including criminal recklessness, carrying a handgun without a license, dangerous possession of a firearm, and intimidation. Finds sufficient evidence to support the finding that he committed acts that would constitute intimidation.

S.H. v. J.H. and H.H. (mem. dec.)
20A-AD-994
Adoption. Affirms the judicial acknowledgment of S.H.’s consent to the adoption of her minor child. Finds the Hamilton Superior Court did not err when it accepted Mother’s consent to Child’s adoption. Also declines Mother’s request for the appellate panel to require a waiting period before a mother may sign a consent to an adoption.

Donald A. Everling v. State of Indiana (mem. dec.)
20A-CR-930
Criminal. Affirms Donald Everling’s aggregate 41½-year sentence for conviction of Level 2 felony dealing in methamphetamine and his conviction of Class C misdemeanor possession of paraphernalia, among other things. Finds his sentence is not inappropriate and that there is sufficient evidence to support his conviction in Madison Circuit Court for possessing paraphernalia.

Rebecca Brown v. Eric Brown (mem. dec.)
20A-DC-1027
Domestic relations, with children. Affirms the Boone Superior Court’s order granting Eric Brown’s petition to transfer jurisdiction to Illinois as the more appropriate forum to resolve all pending child custody and parenting time issues with Rebecca Brown. Finds the trial court did not abuse its discretion in finding that Indiana lacked personal jurisdiction over father to order child support and that Indiana is an inconvenient forum and Illinois is a more appropriate forum to determine the custody and parenting time issues.

Douglas K. Shumate v. State of Indiana (mem. dec.)
19A-CR-2953
Criminal. Affirms Douglas Shumate’s conviction of Level 4 felony child molesting. Concludes that the Allen Superior Court did not abuse its discretion in concluding that S.A.’s hearsay statements were sufficiently reliable and therefore admissible under the Protected Persons Statute.

Keonie T. Martin v. State of Indiana (mem. dec.)
20A-CR-155
Criminal. Affirms the Madison Circuit Court’s revocation of Keonie Martin’s probation and order that he serve three years of his previously suspended 10-year sentence in the Department of Correction followed by two years on in-home detention. Finds the trial court did not abuse its discretion and that the state presented sufficient evidence to support the allegation.

Jordan R. Leinenbach v. State of Indiana (mem. dec.)
20A-CR-843
Criminal. Affirms Jordan Leinenbach’s 16-year sentence for his guilty plea in Dubois Circuit Court to Level 3 felony neglect of a dependent causing serious bodily injury. Finds that because Leinenbach entered into a plea agreement that clearly and unambiguously waived his right to appeal his sentence, finds he may not now appeal his sentence.

Kevin Wayne Owens v. State of Indiana (mem. dec.)
20A-CR-939

Criminal. Affirms the revocation of Kevin Owens’ probation and order that he serve three years of his previously suspended sentence in the DOC. Finds the Vigo Superior Court’s decision was clearly against the logic and effect of the facts and circumstances.

City of La Porte v. Christopher A. Throgmorton (mem. dec.)
19A-PL-2625
Civil plenary. Dismisses the City of La Porte’s appeal of the LaPorte Circuit Court’s order compelling the disclosure of certain public records pursuant to Christopher Throgmorton’s petition under Indiana’s Access to Public Records Act. Concludes that the City’s appeal from the October 2019 order to compel amounts to a collateral attack on the final judgment and is not properly before the appellate court.