Opinions Aug. 13, 2021
Indiana Court of Appeals
In re the Matter of the Adoption of Minor Children, C.M.L. and C.T.L., K.C. and F.M., Paternal Aunt and Uncle v. Indiana Department of Child Services
21A-AD-714
Adoption. Affirms the Madison Circuit Court’s denial of paternal aunt and uncle K.C. and F.M’s motion requesting relief from judgment pursuant to Indiana Trial Rule 60(B). Finds the trial court did not abuse its discretion by denying the motion.
The following 7th Circuit Court of Appeals opinion was posted after IL Deadline on Wednesday:
Reid Hospital and Health Care Services, Inc. v. Conifer Revenue Cycle Solutions, LLC
20-1735
Appeal from the U.S. District Court for the Southern District of Indiana, Indianapolis Division. Judge James Patrick Hanlon.
Civil. Reserves grant of summary judgment to Conifer Revenue Cycle Solutions. Finds Conifer’s arguments are in conflict with the tailored language of the contract with Reid Hospital, which includes a glossary of 66 contract-specific terms. Rules the contract does not define all lost revenue as indirect or consequential so Reid Hospital can seek to recover damages. Holds whatever the parties meant by “willful misconduct,” a jury could find that at least some of Conifer’s assumed breaches amounted to willful misconduct.
Indiana Court of Appeals
Adam Craig Thomas v. Amy Thomas (mem. dec.)
20A-DR-900
Domestic relations. Affirms and reverses in part the Allen Superior Court’s decree of dissolution for Adam and Amy Thomas. Finds the trial court did not err in awarding Amy sole legal custody. Also finds the trial court did not err in the division of marital property, except for considering Adam’s Dupont distributions as both income for purposes of determining his child support payments as set forth in its provisional order and later property for purposes of dividing the marital estate, and remands for reconsideration of distributions from Lithotripsy of Northern Indiana LLC. Finally, finds the trial court abused its discretion by allowing Amy to offset the entirety of the au pair costs but otherwise did not err in its rulings on child support. Remands for the trial court to reconsider the costs related only to child care while Amy works.
The Health and Hospital Corporation of Marion County is asking the 7th Circuit Court of Appeals to reexamine its recent ruling on the Federal Nursing Home Reform Act of 1987, saying the opinion conflicts with the court’s previous decision on the federal statute and “federalize(s) a large swath of state medical malpractice law.”
7th Circuit Court of Appeals
Beverly Zylstra and Bernard Zylstra v. DRV, LLC
20-1949
Appeal from the United States District Court for the Northern District of Indiana, Fort Wayne Division. Senior Judge William C. Lee.
Civil. Affirms the Indiana Northern District Court’s grant of summary judgment to DRV, LLC against Bernard and Beverly Zylstra on their suit claiming breach of express and implied warranties under state law, violation of the federal Magnuson-Moss Act and violation of state deceptive practices acts. Finds even in the light most favorable to the Zylstras, DRV never had a reasonable opportunity to repair the defects to their RV as required under the warranty. Therefore, the Zylstras’ claims cannot survive.
A retired couple who did not give the manufacturer of an issue-ridden recreational vehicle a sufficient opportunity to repair a leaking sewage tank cannot succeed in its case against the manufacturer, the 7th Circuit Court of Appeals has ruled.
A decade-old dispute over the assessment of Indianapolis’ largest hotel is headed for trial after the Indiana Tax Court declined to enter summary judgment for either the owner of the downtown JW Marriott or the Marion County assessor.
The following 7th Circuit Court of Appeals opinions were posted after IL deadline on Friday.
USA v. Bryant Love
20-2131, 20-2297
Appeals from the United States District Court for the Northern District of Indiana, Hammond Division. Judge Philip Simon.
Criminal. Reverses and remands the Indiana Northern District Court’s ruling that only two of Bryant Love’s three prior offenses amounted as predicates under the Armed Career Criminal Act. Finds Love’s 2015 Indiana Class D battery resulting in bodily injury counts as an ACCA predicate and orders for his resentencing on multiple drug counts and a felon-in-possession count.
Indiana Court of Appeals
Latieka Q. Page v. State of Indiana
21A-CR-90
Criminal. Reverses Latieka Page’s conviction of Level 6 felony possession of a narcotic drug after law enforcement found previously prescribed Oxycodone pills in an unlabeled bottle in her car. Disagrees with the Elkhart Superior Court’s determination that a validly issued prescription becomes invalid for purposes of Indiana Code § 35-48-4-6 upon a person’s failure to take the medicine as prescribed. Finds Page proved by a preponderance of the evidence that she had obtained the pills from previous validly-issued prescriptions.
A woman who still had Oxycodone pills after her prescription had expired should not have been convicted for possession of a narcotic drug, the Indiana Court of Appeals has ruled.
The 7th Circuit Court of Appeals has dismissed as moot Indiana’s appeal of a conditional writ of habeas corpus for a man convicted of murder as a teenager, finding that state-court vacatur of the conviction ended the appellate court’s jurisdiction over the petition.
Stephen Michael Ford v. State of Indiana (mem. dec.)
20A-CR-1684
Criminal. Affirms the revocation of Stephen Ford’s probation. Finds Ford has waived any due process argument.
Indiana Court of Appeals
In the Matter of K.Y., a Child Alleged to Be Delinquent, K.Y. v. State of Indiana
21A-JV-330
Juvenile. Affirms in part, reverses in part the adjudication of K.Y. for two counts of intimidation, a Level 6 felony and a Class A misdemeanor, respectively, if committed by an adult. Finds sufficient evidence to support the Level 6 felony, but remands with instructions to vacate the Class A misdemeanor on double jeopardy grounds.
A Knox County teenager who sent a threatening social media message to numerous middle school students involving guns will retain a delinquency adjudication for felony intimidation, the Indiana Court of Appeals ruled Wednesday, though a misdemeanor adjudication was vacated on double jeopardy grounds. The appellate court declined to dismiss the message as a “juvenile antic” in light of the numerous American school shootings in recent years.
A man sentenced to life for sexually abusing two children could not convince the 7th Circuit Court of Appeals that his attorney was ineffective while representing him.
Read Indiana appellate court decisions from the most recent reporting period.
Indiana Court of Appeals
Montel Ray Brooks v. State of Indiana (mem. dec.)
21A-CR-83
Criminal. Affirms Montel Brooks’ conviction of murder and an enhancement for the use of a firearm in the offense. Finds the Lake Superior Court did not clearly abuse its discretion in admitting challenged testimony, and any error in the admission of the testimony was harmless. Also finds the trial court did not abuse its discretion when it denied Brooks’ motions for a mistrial, and any such error would be harmless.
An Indiana statute requiring medical providers to report to the state complications “arising from” abortions is not unconstitutionally vague on its face, a split 7th Circuit Court of Appeals ruled in a Monday reversal. A dissenting judge, however, would uphold the injunction against the “incomprehensible” law.
The following Indiana Tax Court opinion was posted after IL deadline on Friday.
Eric S. Morris v. Hamilton County Assessor
20T-TA-00019
Tax. Affirms the Indiana Board of Tax Review’s final determination that dismissed Eric Morris’ case for lack of subject matter jurisdiction. Finds Morris has not demonstrated to the Indiana Tax Court that the Indiana Board’s dismissal of his administrative appeals is arbitrary, capricious, an abuse of its discretion, or contrary to law. Finds Morris has not demonstrated that the tax court has subject matter jurisdiction over his appeals.
7th Circuit Court of Appeals
United States of America v. Keenan Rollerson
20-2258
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge James P. Hanlon.
Criminal. Affirms Keenan Rollerson’s 23-year sentence for drug and firearm convictions. Finds his uncharged buys and acquitted drug amounts were relevant to his heroin conviction and proven with sufficiently reliable information.