Opinions Oct. 5, 2023

The following 7^th Circuit Court of Appeals opinion was posted after IL deadline Wednesday
Ryan T. McMullen v. Gary Dalton and Melissa Stephenson
20-3273
Appeal from the United States District Court for the Southern District of Indiana, Terre Haute Division. Judge James R. Sweeney II.
Civil. Vacates the district court’s decision to deny Ryan McMullen’s habeas petition. Finds McMullen has satisfied 28 U.S.C. § 2254(d) on his claim of ineffective assistance of counsel. Also finds the state court records lack sufficient factual information. Remands for an evidentiary hearing and for the district court to consider whether a writ of habeas corpus should issue.

Thursday opinions
Court of Appeals of Indiana
Harry Gillespie Nicholson, IV v. State of Indiana
23A-CR-890
Criminal. Affirms Harry Gillespie Nicholson IV’s sentence to 12 years in the Department of Correction for Level 4 felony sexual misconduct with a minor. Finds Nicholson has failed to establish that the maximum sentenced imposed by the Lake Superior Court was inappropriate given the nature of the offense and his character. 

William H. Denney v. State of Indiana
23A-CR-523
Criminal. Affirms and reverses in part William H. Denney’s convictions of Level 6 felony intimidation, Class A misdemeanor resisting law enforcement, Class B misdemeanor disorderly conduct and Class B misdemeanor public intoxication. Finds the evidence is sufficient to sustain Denney’s convictions of intimidation, disorderly conduct and public intoxication. Also finds the state failed to prove Denney acted forcibly, so the evidence is insufficient to sustain his conviction of resisting law enforcement.

Jasmine McNeil, individually and on behalf of Arth’dara McNeil, Chyna Brown, and Imoni Brown, Minors v. Anonymous Hospital, Anonymous M.D., Anonymous Emergency Physicians, Inc., Anonymous Medical Foundation, Inc., and Amy L. Beard, in her capacity as Acting Commissioner of the Indiana Department of Insurance
22A-CC-2209
Civil collections. Reverses the denial of Jasmine McNeil’s motion to correct error, filed after the St. Joseph Superior Court granted an anonymous hospital and other qualified health care providers’ motion for preliminary determination and motion for summary judgment. Finds subsection (b) of Indiana Code § 31-33-6-1 represents a deliberate legislative policy determination that notwithstanding the reporting immunity provided under subsection (a), the standard of care for qualified health care providers under the Medical Malpractice Act applies to child abuse reporting. Remands with instructions for the trial court to deny the hospital’s summary judgment motion and for further proceedings.

Larry D. Cameron v. State of Indiana (mem. dec.)
22A-PC-857
Post-conviction relief. Affirms the denial of Larry D. Cameron’s petition for post-conviction relief alleging ineffective assistance of trial and appellate counsel and prosecutorial misconduct. Finds Cameron was not denied effective assistance of counsel at his post-conviction proceedings.

Nathine Dyer v. State of Indiana (mem. dec.)
23A-CR-199
Criminal. Affirms Nathine Dyer’s sentence to an aggregate of 11 years, with three years suspended to probation, for his convictions of Level 4 felony possession of methamphetamine and Level 6 felony theft. Finds neither the nature of Dyer’s crimes nor his character merit a lesser sentence. Also finds Dyer has not shown that his sentence is inappropriate.

Shelby L. James v. Craig E. James (mem. dec.)
23A-PO-222
Protective order. Affirms the Hendricks Superior Court’s order resuming father Craig E. James’ parenting time under a new schedule that removed a suspension requirement. Finds mother Shelby L. James placed parenting time before the trial court when she asked the court to suspend parenting time altogether and to change the parenting time supervisor. Also finds Shelby has not demonstrated that the trial court was limited to choosing from the parenting time parameters proposed by either party, nor that the court’s failure to adopt the parties’ proposals somehow constitutes an abuse of discretion or exceeded the court’s authority. Finally, finds the evidence before the trial court provides a rational basis for its order.

B.P. v. State of Indiana (mem. dec.)
23A-JV-310
Juvenile. Affirms B.P.’s placement in the Indiana Department of Correction after he admitted to committing gun-related offenses. Finds the juvenile court did not abuse its discretion.

Tayler Majors v. State of Indiana (mem. dec.)
23A-CR-743
Criminal. Affirms Tayler Majors’ conviction of Class A misdemeanor domestic battery. Finds the facts most favorable to the judgment could allow the Marion Superior Court to determine that Majors was not acting in self-defense when she battered K.S.

Aisha Avance v. Sherrie Weekly (mem. dec.)
23A-CT-1102
Civil tort. Dismisses Aisha Avance’s appeal of the denial of her motion for summary judgment in an identity deception and fraud dispute with Sherrie Weekly. Finds there is no final judgment, and Avance did not receive permission to bring an interlocutory appeal.

R.W. v. T.Y. (mem. dec.)
23A-PO-1201
Protective order. Affirms the grant of T.Y.’s petition for an order for protection against R.W. Finds there is sufficient evidence to sustain the order.

Kathleen Hochberg v. Castongia’s Inc. and Allen Deno (mem. dec.)
23A-CT-915
Civil tort. Affirms the Porter Superior Court’s summary judgment ruling, which concluded that Kathleen Hochberg failed to establish a genuine issue of material fact that she was under a legal disability at the time her cause of action accrued against Castongia’s Inc. Finds no genuine issue of material fact existed that established Hochberg was under a legal disability pursuant to Indiana Code § 34-11-6-1.