Opinions

The following 7th Circuit Court of Appeals opinion was posted after IL deadline Monday:
Chijioke B. Ben-Yisrayl v. Ron Neal
16-1013
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Tanya Walton Pratt.
Civil. Affirms the district court’s denial of Chijioke B. Ben-Yisrayl’s petition for habeas relief. Finds Ben-Yisrayl did not raise a claim of ineffective assistance of resentencing counsel in his habeas petition, and his failure to do so is a waiver.

Indiana Court of Appeals
Tyler R. Browder v. State of Indiana
49A04-1608-CR-1857
Criminal. Affirms Tyler Browder’s conviction for Class A misdemeanor possession of paraphernalia. Finds Officer Brady Ball’s decision to prolong the traffic stop did not violate the Fourth Amendment or Article 1, Section 11 of the Indiana Constitution. Also finds Browder’s consent to search the vehicle was voluntary.

Indiana Court of Appeals
The Estate of George A. Henry, Deceased v. Nadene Woods
49A05-16-PL-810
Civil plenary. Affirms the Marion Superior Court’s decision to partially allow Nadene Woods’ claim for services against the estate of George Henry. Finds the probate court was not required to evaluate Woods’ claim in a manner that presumed the services to be gratuitous. Also finds there is not a complete lack of evidentiary support for the challenged findings as to Henry’s expression of intent.

Indiana Court of Appeals
Deundre Rashad Kearney v. State of Indiana (mem.dec.)
45A03-1611-CR-2657
Criminal. Affirms Deundre R. Kearney’s conviction of Level 3 felony armed robbery. Finds the evidence sufficiently established Kearney committed the robbery.

Indiana Supreme Court
In the Matter of: Joseph M. Johnson III
01S00-1604-DI-188
Disciplinary. Suspends Joseph M. Johnson III from the practice of law for at least one year without automatic reinstatement. Finds Johnson committed attorney misconduct by violating Professional Conduct Rules 8.4(b), 8.4(d) and 8.4(e) in connection with his pattern of harassment of an ex-girlfriend.

Indiana Court of Appeals
Tommy R. Pruitt v. State of Indiana
15A05-1606-CR-1235
Criminal. Affirms Tommy R. Pruitt’s sentence to an aggregate term of 180 years for the murder of a law enforcement officer acting in the line of duty. Finds the trial court would have imposed the same sentence of 65 years for Pruitt’s murder charge had it only considered the aggravators that complied with Blakely v. Washington. Also finds Pruitt’s sentence is not inappropriate in light of the nature of the offense and his character.

The following Indiana Court of Appeals opinion was posted after IL deadline Friday:
DS v. AR (mem. dec.)
29A05-1608-PO-1893
Protective order. Affirms the Hamilton Superior Court’s issuance of a protective order. Finds the evidence supports the trial court’s order and D.S. has not presented a case of prima facie error.

Indiana Court of Appeals
Tyler Allen Whitesell v. State of Indiana (mem. dec.)
90A02-1612-CR-2768
Criminal. Affirms Tyler Allen Whitesell’s aggregate sentence of six years following his guilty pleas to dealing in a narcotic drug as a Level 5 felony, two counts of dealing in a substance represented to be a controlled substance as Level 6 felonies, and theft as a Class A misdemeanor. Finds the sentence is not inappropriate.

Indiana Supreme Court
Danny Sims v. Andrew Pappas and Melissa Pappas
45S03-1701-CT-26
Civil tort. Affirms the judgment of the Lake Superior Court in favor of Andrew and Melissa Pappas for compensatory and punitive damages. Finds the remoteness of a prior offense does not affect the admissibility of the evidence. Also finds the compensatory damages were within the evidence and the punitive damages were not unconstitutionally excessive.

Indiana Court of Appeals
Shelly M. Phipps v. State of Indiana
28A05-1609-CR-2097
Criminal. Reverses Shelly M. Phipps’ conviction of Level 6 felony invasion of privacy. Finds the state failed to prove that Phipps contacted K.G. by sending an email. Remands for further proceedings. Judge Rudolph Pyle dissents with separate opinion.

Indiana Court of Appeals
Matthew Ward v. Lowe's
93A02-1609-EX-2133
Agency. Affirms the Indiana Worker’s Compensation Board’s denial of Matthew Ward’s application for workers’ compensation benefits. Finds the board did not abuse its discretion in denying his application. Chief Judge Nancy Vaidik dissents with separate opinion.

Indiana Court of Appeals
David Earl Ison v. State of Indiana
24A04-1607-PC-1618
Post-conviction. Grants rehearing to delete the second paragraph of footnote three in the Indiana Court of Appeals’ original opinion. Finds that the footnote erroneously concluded that Indiana Code section 35-50-2-9 contains a technical error. Affirms the original opinion in all other respects.

Indiana Supreme Court
Trondo L. Humphrey v. State of Indiana
48S02-1609-PC-480
Post-conviction. Reverses denial of petition for post-conviction relief. Finds Trondo Humphrey has shown the evidence leads unerringly and unmistakably to a conclusion opposite that reached by the post-conviction court. Remands for a new trial. Justices Mark Massa and Geoffrey Slaughter concur with separate opinion.

Indiana Supreme Court
Marcus Zanders v. State of Indiana
15S01-1611-CR-571
Criminal. Affirms Marcus Zanders’ convictions of two counts of robbery with a deadly weapon and two counts of unlawful possession of a firearm by a serious violent felon, and his adjudication as a habitual offender. Chief Justice Loretta Rush writes for the majority that under federal precedent, the Fourth Amendment does not require police to obtain a search warrant to gather information an individual has voluntarily relinquished to a third party — in this case, cellphone historical location data.

Indiana Court of Appeals
Mohinder Singh v. State of Indiana (mem. dec.)
41A05-1606-CR-1405
Criminal. Affirms Mohinder Singh’s conviction of operating a motor vehicle while intoxicated in a manner endangering a person as a Class A misdemeanor. Finds the Johnson Superior Court did not abuse its discretion in admitting evidence.

Indiana Court of Appeals
J.P., et al. v. Indiana Department of Child Services (mem. dec.)
71A03-1610-JT-2441
Juvenile termination of parental rights. Affirms the termination of J.P.’s parental rights to her three children. Finds the St. Joseph Probate Court’s findings — there was a reasonable probability that the conditions leading to the children’s removal and continued placement outside J.P.’s care would not be remedied and that the termination of J.P.’s parental rights was in the children’s best interests — were supported by evidence.

Indiana Court of Appeals
Robert C. Mills v. Indiana Department of Child Services, Shirley Starks, Kristen L. Sparks, Melanie Reising, and Elizabeth Herrmann
82A01-1606-PL-1482
Civil plenary. Affirms the Vanderburgh Superior Court’s rulings in favor of the Indiana Department of Child Services on Robert Mills’ various claims for discrimination on the basis of sex and age, and for retaliation. Finds the trial court did not err in ruling against Mills.

7th Circuit Court of Appeals
Lois Marie Trask v. Edgar Rodriguez, et al.
14-2601
Appeal from the United States District Court for the Northern District of Indiana, Hammond Division. Judge Rudy Lozano.
Civil. Affirms the award of summary judgment to the casino employee defendants. Finds that if Lois Trask never received a copy of the defendants’ motion for summary judgment, she should have asked for a copy, which she failed to do. Also finds the district court did not err in enforcing a settlement between Trask and the defendants.

Indiana Court of Appeals
State of Indiana, Indiana Department of Correction, and Indiana State Employees' Appeals Commission v. Debra Mills, et al.
49A02-1605-PL-998
Civil plenary. Affirms and reverses in part the Marion Superior Court’s order on petition for judicial review granting judgment in favor of Debra Mills, Thomas Bird, and other DOC teachers. Finds the Indiana State Employees’ Appeals Commission and an administrative law judge properly determined that the state calculated the employees’ retention scores and adhered to statutory layoff rights in accordance with Indiana Code 4-15-2-32(a)-(b).

Indiana Court of Appeals
Dugniqio Forest v. State of Indiana (mem. dec.)
82A04-1609-CR-1980
Criminal. Affirms Dugniqio Forest’s conviction of Level 4 felony possession of cocaine and sentence to 11 years. Finds the Vanderburgh Superior Court did not abuse its discretion by granting the state’s motion for continuance and that Forest’s sentence is not inappropriate.