Opinions Oct. 31, 2019

The following 7^th Circuit Court of Appeals opinion was posted after IL deadline Wednesday:
Planned Parenthood of Indiana and Kentucky, Inc. v. Kristina Box, et al.
17-2428
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Senior Judge Sarah Evans Barker.
Civil. Denies the defendants-appellants’ petition for rehearing and rehearing en banc. Judges Joel Flaum, Michael Kanne, Amy Coney Barrett, Michael Brennan and Michael Scudder vote to grant the petition for rehearing en banc. Judges Ilana Rovner and David Hamilton vote to deny panel rehearing, while Judge Kanne voted to grant panel rehearing. Judge Frank Easterbrook concurs with separate opinion, joined by Judge Diane Sykes. Judge Kanne dissents with separate opinion, joined by judges Flaum, Barrett, Brennan and Scudder.

Indiana Supreme Court
In the Matter of Ma.H., Le.H., Lo.H., W.H., La.H., Me.H., and S.W. (Minor Children); M.H. (Father) and R.H. (Mother) v. Indiana Department of Child Services
19S-JT-323
Juvenile termination. Affirms the Wells Circuit Court’s order did not require father M.H. to admit to a crime at the risk of losing his parental rights to his seven children after one of his stepdaughters alleged he molested her. Finds there is sufficient evidence to support the termination decision based on parents’ failure to address the sexual abuse allegations. Finds termiantion is in the best interests of the children.

Indiana Court of Appeals 

Stanley Watson v. State of Indiana
19A-CR-49
Criminal. Reverses Stanley Watson’s second habitual offender adjudication. Finds the state failed to bring Watson to trial in Ripley Circuit Court within the one-year deadline provided within Indiana Criminal Rule 4(C). Remands with instructions to vacate Watson’s habitual offender status. Judge James Kirsch dissents with a separate opinion.

Leslie Michelle New v. State of Indiana
19A-CR-575
Criminal. Reverses Leslie Michelle New’s conviction of Level 5 felony criminal recklessness, but affirms her conviction of Class B misdemeanor resisting law enforcement. Finds the Orange Circuit Court abused its discretion in refusing to give one of New’s tendered jury instructions related to the criminal recklessness charge. Also finds the state presented sufficient evidence to support New’s conviction for resisting law enforcement. Remands for a new trial on the criminal recklessness charge.

In Re the Termination of the Parent-Child Relationship of: T.W. (Minor Child) and T.K. (Father) v. The Indiana Department of Child Services
19A-JT-670
Juvenile termination. Reverses the Vanderburgh Superior Court’s order terminating T.K.’s parent-child relationship with his child, T.W. Finds the Department of Child Services did not make reasonable efforts to reunify the father and child, thereby violating T.K.’s due process rights. Remands with instructions to reopen the CHINS case, re-examine the requirements for T.W.’s reunification with T.W. and enter a new dispositional order outlining the services T.K. must comply with to effect reunification.

Christopher J. McElwee and Monday McElwee Albright f/k/a Monday Jones Albright, Attorneys at Law v. Michael Fish
18A-CT-2664
Civil tort. Majority reverses the denial of Christopher J. McElwee and Monday McElwee Albright’s motion to dismiss Michael Fish’s complaint challenging the distribution of surplus tax sale funds to which Fish believes he is entitled. Finds the complaint filed in Marion Superior Court is barred by the two-year statute of limitations. Judge Elaine Brown dissents and would affirm the trial court, finding Fish filed his complaint within the applicable statute of limitations period and has shown through other court decisions he is entitled to the funds.

Christopher Biggs v. State of Indiana (mem. dec.)
19A-CR-866
Criminal. Affirms Christopher Biggs’ 1,000-day sentence for conviction of Level 5 felony failure to register as a sex offender. Finds Biggs has failed to meet his burden of demonstrating that his sentence handed down in Vanderburgh Circuit Court is inappropriate in light of the nature of the offense and his character.

Anthony L. Elrod, et al. v. Raymond C. Bauman (mem. dec.)
18A-PL-3020
Civil plenary. Affirms the Marion Superior Court order that Raymond Bauman execute a quitclaim deed for 1041 High St. and the order regarding mortgage assumption, finding Anthony Elrod has not established that he was denied due process under the United States Constitution or the Indiana Constitution. Reverses the order that Nancy Davis execute a quitclaim deed to 1041 High St., the order that Elrod execute a quitclaim deed to an easement pertaining to an alley, and an order purportedly dismissing a potential third-party claim. Remands for an evidentiary hearing on the remaining issues.

Klink Trucking, Inc. v. Structures, Inc., and Klink Concrete, Inc., and Michael R. Klink (mem. dec.)
19A-CC-319
Civil collection. Affirms the DeKalb Superior Court’s denial of Klink Trucking, Inc.’s motion to set aside an allegedly fraudulent transfer of certain real estate by Structures, Inc. d/b/a Klink Concrete, Inc. to Michael Klink. Finds the trial court did not err in determining that KTI’s failure to name or join Debra Klink as a party before the expiration of the statute of limitations is fatal to its claim seeking to set aside the conveyance of real estate from Structures to Michael and Debra as tenants by the entirety.

Amy Ravellette v. State of Indiana (mem. dec.)
19A-CR-296
Criminal. Affirms Amy Ravalette’s conviction in Vigo Circuit Court of Level 5 felony possession of methamphetamine. Finds a warrantless search by police officers did not violate Ravellette’s rights under the Fourth Amendment to the United States Constitution or Article 1, section 11 of the Indiana Constitution. Also finds she was not denied her right to a fair trial.

Courtney Lamar Parker v. State of Indiana (mem. dec.)
19A-CR-826
Criminal. Affirms Courtney Parker’s two-year sentence for conviction of Level 6 felony residential entry. Finds the Lake Superior Court did not abuse its discretion by not recognizing as mitigating circumstances Parker’s medical problems and the hardship incarceration would have on his son. Finds the sentence is not inappropriate given his lengthy criminal history.

In the Matter of the Involuntary Termination of the Parent-Child Relationship of T.J. (Minor Child) and J.S. (Mother) and T.J. (Father) v. Indiana Department of Child Services (mem. dec.)
19A-JT-1003
Juvenile termiantion. Affirms the termination of J.S. and T.J.’s parental relationships with their child, T.J. Finds neither parent has established clear error. Finds termiantion is in the child’s best interests.

State of Indiana v. Eastlund B. Wendell (mem. dec.)
19A-CR-1617
Criminal. Reverses the Marshall Superior Court’s order granting Eastlund Wendell’s motion to dismiss his criminal mischief charge. Finds the trial court erred when it granted Wendell’s motion to dismiss without supporting affidavits, an evidentiary hearing, and findings of fact, all as required by Indiana Code Section 35-34-1-8(a), (f). Remands for further proceedings.

Jacqueline Dejournett v. State of Indiana (mem. dec.)
19A-CR-63
Criminal. Affirms Jacqueline Dejournett’s conviction of Class A misdemeanor operating a vehicle with an alcohol concentration equivalent to 0.15 percent or more. Finds the Marion Superior Court did not abuse its discretion in ordering her to pay probation fees without conducting an indigency hearing.

Derid Becker v. State of Indiana (mem. dec.)
19A-CR-503
Criminal. Affirms Derid Becker’s two-year sentence for conviction in Noble Circuit Court of Level 6 felony possession of a hypodermic syringe. Finds the sentence is not inappropriate in light of the nature of the offense and character of the offender.