Opinions

7th Circuit Court of Appeals
E.T. Products, LLC v. D.E. Miller Holdings, Inc., et al.
16-1204
Appeal from the United States District Court for the Northern District of Indiana, Hammond Division. Judge Philip P. Simon.
Civil. Affirms the district court’s judgment that a noncomplete clause between Doug and Tracy Miller and E.T. Products LLC was enforceable, but that the Millers did not breach it. Finds the noncompetition agreement is not overbroad.

Indiana Court of Appeals
Racquel Postiglione v. State of Indiana
49A04-1607-CR-1662
Criminal. Affirms the restitution order entered following Racquel Postiglione’s conviction of Class A misdemeanor battery resulting in bodily injury. Finds the victim’s injuries were the result of or a “direct consequences of the acts initiated by” Postiglione, even if she was not the one to break the man’s leg and ankle.

7th Circuit Court of Appeals
Jeff Monroe v. Indiana Department of Transportation and Joe McGuinness
16-1959
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Sarah Evans Barker.
Civil. Affirms the district court’s grant of summary judgment to the Indiana Department of Transportation and Joe McGuinness. Finds Jeff Monroe failed to provide sufficient evidence that the reason for his termination was pretextual. Also finds Monroe failed to establish similarly situated employees were treated differently than he was.

Indiana Court of Appeals
Jacob O. Robinson v. State of Indiana
22A01-1604-CR-856
Criminal. Reverses and vacates Jacob O. Robinson’s sentence, pursuant to a plea agreement, for his conviction of Class D felony attempted residential entry and his admission to being a habitual substance offender. Finds sua sponte that Robinson’s habitual substance offender adjudication and enhancement of the sentence for a non-substance offense was contrary to statute. Remands with instructions to enter a new plea agreement and sentence that comply with the relevant statutory authority or for further proceedings if the parties cannot reach such an agreement.

Indiana Court of Appeals
Evelyn Messmer v. KDK Financial Services, Inc., et al.
53A01-1701-PL-139
Civil plenary. Affirms summary judgment in favor of KDK Financial Services and Fred Kern. The continuing representation doctrine is not applicable to financial advisers or fraud allegations, and no genuine issue of material fact exists establishing that the defendants fraudulently misrepresented the surrender of insurance annuities.

Indiana Court of Appeals
Larry Warren v. Carl L. Epstein (mem. dec.)
49A04-1606-CT-1498
Civil tort. Affirms the grant of summary judgment in favor of Carl L. Epstein in Larry Warren’s action against Epstein for legal malpractice. Finds Warren’s complaint for legal malpractice was not filed within the statute of limitations and, therefore, is time barred.

Indiana Court of Appeals
In re: the Matter of the Involuntary Termination of the Parent-Child Relationship of C.L., a Minor Child and his Father, C.H., C.H. v. Marion County Department of Child Services (mem. dec.)
49A02-1703-JT-566
Juvenile. Affirms the termination of father C.H.’s parental rights to his son, C.L., finding the evidence sufficient to support the termination.

Indiana Court of Appeals
Shannon D. Moyer v. State of Indiana
79A04-1703-CR-477
Criminal. Affirms Shannon D. Moyer’s sentence to an aggregate term of 20 years for his convictions of three felony offenses and a habitual offender count. Finds the Tippecanoe Superior Court did not abuse its discretion in its treatment of aggravating and mitigating factors during sentencing. Finally, finds Moyer’s sentence is not inappropriate. Remands for an adjustment to Moyer’s jail time-credit.

Indiana Court of Appeals
Robert Muldowney v. Lincoln Park, LLC and Robert Versprille
29A02-1610-SC-2439
Small claims. Dismisses without prejudice Robert Muldowney’s appeal of the Hamilton Superior Court’s grant of judgment in favor of Lincoln Park LLC and Robert Versprille. Finds the manner in which the trial court acted deprived Lincoln Park and Versprille of the chance to present evidence to meet its burden of proof against Muldowney. Remands for the trial court to conduct an evidentiary hearing on Lincoln Park and Versprille’s complaint and to rule on it accordingly.

Indiana Court of Appeals
Kevin Dowdy v. State of Indiana
49A02-1612-CR-2679
Criminal. Affirms the denial of Kevin Dowdy’s motion to suppress evidence. Finds the totality of the circumstances presented a particularized and objective basis for a traffic stop and that the stop was reasonable and did not violate Dowdy’s rights under the Fourth Amendment or Article 1, Section 11 of the Indiana Constitution. Also finds that officer Cameron Taylor’s asking Dowdy if he “wouldn’t mind giving (him) his identification,” did not violate Dowdy’s rights under the Fourth Amendment.

Indiana Court of Appeals
Larry W. Newton, Jr. v. State of Indiana
18A05-1612-PC-2817
Post conviction. Affirms the denial of Larry W. Newton Jr.’s petition for post-conviction relief. Finds his sentence to life without parole is not unconstitutional under the Eighth Amendment.

Indiana Supreme Court
In the Matter of: Beau J. White
27S00-1703-DI-131
Disciplinary. Suspends Beau J. White from the practice of law in Indiana for at least three years without automatic reinstatement. Finds White committed attorney misconduct in connection with his representation of a client and by failing to cooperate with the disciplinary process. Chief Justice Loretta Rush and Justice Steve David dissent believing White is deserving of a significant period of suspension or disbarment.

The following Indiana Tax Court opinion was posted after IL deadline Thursday:
Schilli Leasing, Inc. v. Indiana Department of State Revenue
49T10-1306-TA-54
Tax. Affirms the Indiana Department of State Revenue’s final determination assessing Schilli Leasing, Inc. with unpaid sales and use tax liabilities for the 2008, 2009 and 2010 tax years. Finds the retail transactions giving rise to unpaid liabilities were not exempt under Indiana Code section 6-2.5-5-27.

Indiana Supreme Court
In the Matter of: John Downey Pierce
61S00-1703-DI-153
Disciplinary. Disbars John Downey Pierce for committing attorney misconduct by, among other things, mismanaging his trust account, converting client funds, disobeying a court order and failing to cooperate with the disciplinary process. Justices Mark Massa and Geoffrey Slaughter concur in the findings, dissent from the sanctions and would impose a three-year suspension without automatic reinstatement.

Michael Amos v. State of Indiana
49A04-1610-CR-2429
Criminal. Affirms the Marion Superior Court’s denial of Michael Amos’ motion to dismiss the 33 charges against him. Finds the trial court did not err in denying Amos’ motion to dismiss.

7th Circuit Court of Appeals
United States of America v. Jaime C. Lopez
16-2269
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Tanya Walton Pratt.
Criminal. Affirms Jaime Lopez’s convictions of 15 counts of wire fraud, four counts of money laundering and one count of securities fraud for his participation in a fraudulent investment scheme. Finds the district court did not err in allowing Jane DeLancey to use the phrase “lulling payments” or in overruling Lopez’s objections to references to Bernie Madoff. Also finds the district court did not err in prohibiting Lopez from calling his witness an expert. Finally, finds it was harmless error for the district court to decline to allow the admission of extrinsic evidence to perfect the impeachment of a government witness. Judge Richard Posner dissents with separate opinion.

Indiana Court of Appeals
Lauren Warman v. State of Indiana (mem. dec.)
49A02-1612-CR-2762
Criminal. Affirms Lauren Warman’s conviction of battery causing bodily injury as a Class A misdemeanor. Finds the evidence is sufficient to support her conviction.

Indiana Court of Appeals
Karin Schwab v. Kyle Morrissey, et al.
49A02-1612-PL-2746
Civil plenary. Reverses the grant of summary judgment to Kyle Morrissey and Jamie Morrissey on Karin Schwab’s appeal of a small claims court judgment. Finds the Morrisseys failed to make a prima facie showing they are entitled to judgment as a matter of law, and the Marion Superior Court erred in granting them summary judgment.

Indiana Supreme Court
John Doe #1, et al. v. Indiana Department of Child Services
49S02-1609-CT-464
Civil tort. Affirms the grant of summary judgment to the Department of Child Services on a claim brought by a child abuse reporter whose name was not redacted when the report was released. Finds the statute protecting anonymity provides no private right of action. Also finds DCS’ recitation of the confidentiality statute did not create a common-law duty. Justice Steven David concurs in part and dissents in part with separate opinion.

Indiana Court of Appeals
Anthony LaRussa v. State of Indiana (mem. dec.)
49A02-1703-CR-619
Criminal. Affirms Anthony LaRussa’s sentence to 44 years for Class A felony conspiracy to commit robbery. Finds LaRussa’s sentence is not inappropriately harsh.