Opinions

The following 7^th Circuit Court of Appeals opinion was posted after IL deadline on Thursday.
Paul Palmer Jr. II v. Indiana University and The Trustees of Indiana University
21-1634
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Jane Magnus-Stinson.
Civil. Affirms summary judgment granted to Indiana University on a Title VII complaint filed by employee Paul Palmer Jr. II. Finds Palmer’s failure-to-promote claim is time-barred. Finds Palmer’s unequal pay claim fails on the merits. Concludes the undisputed evidence shows Palmer enjoyed higher pay than all of his colleagues, except for one, who is not a proper comparator. Judge Frank Easterbrook concurs.

Court of Appeals of IndianaCourt of Appeals of Indiana
Parkview Hospital, Inc. v. American Family Insurance Company
21A-PL-1369
Civil Plenary. Affirms the Allen Superior Court’s consideration of damages and attorney fees on remand and affirms the trial court’s denial of Parkview Hospital’s request for attorney fees under the Hospital Lien Act, Ind. Code §§ 32-33- 4-1 to -8 (2015). Reverses the trial court’s judgment that American Family is liable for the full amount of the hospital’s lien, $95,541.88. Finds the insurance company’s obligation under the lien act is not greater than its policy limit of $50,000. Remands with instructions to enter judgment for Parkview and against American Family in the amount of $50,000 plus pre-judgment interest.

Court of Appeals of Indiana
Conroad Associates, L.P. v. Castleton Corner Owners Association, Inc. and McKinley, Inc.
21A-PL-1125
Civil plenary. Affirms the Marion Superior Court’s grant of the Castleton Corner Owners Association’s motions, its amendment of the original judgment pursuant to the COA’s instructions in Castleton Corner I and its decision to vacate the original order in proceedings supplemental, among other things. Holds that the trial court’s continued exercise of jurisdiction was proper and the manner of enforcing the judgment on the Association’s liability remained in fieri in the trial court. Finds the Association’s motion to vacate the original proceedings supplemental order did not violate the bankruptcy stay and was not untimely. Finally, finds the trial court did not err in vacating the original order.

Court of Appeals of Indiana
County Materials Corp. and Central Processing Corp. v. Indiana Precast, Inc., Ryan S. Gookins, and Richard A. Rectenwal III
20A-PL-1683
Civil plenary. Affirms the judgment of the Hancock Superior Court with respect to the denial of County Materials Corp. and Central Processing Corp.’s request to set aside final judgment for Ryan S. Gookins, Richard A. Rectenwal III and Indiana Precast Inc., as well as the denial of Central’s request to set aside the award of attorney fees. Reverses the denial of County’s request to set aside the award of attorney fees. Finds Central knew and subsequently admitted that it suffered no damages, so the trial court could reasonably find that Central’s act of bringing and/or continuing to litigate its numerous claims against the Precast parties was frivolous, unreasonable, groundless and done in bad faith. Also finds the Precast parties’ actions or inactions complicated County’s efforts to show that their case was not unreasonable or groundless. Finally, finds there were no grounds for the trial court to vacate its directed judgment against Central and in favor of the Precast parties, and County failed to show that it was entitled to relief under Indiana Trial Rules 59, 60(B)(2) or 60(B)(3).

Court of Appeals of Indiana
Lisa Rose Fedij v. State of Indiana
21A-CR-1481
Criminal. Reverses Lisa Rose Fedji’s conviction of Class A misdemeanor possession of marijuana but affirms her conviction of Class C misdemeanor possession of paraphernalia. Finds that the Hamilton Superior Court abused its discretion when it admitted the writing and symbols from packages in Fedij’s possession into evidence under the market reports exception to hearsay, Evidence Rule 803(17). Also finds insufficient evidence to support Fedij’s Class A misdemeanor conviction, but sufficient evidence supports the Class C misdemeanor conviction. Remands with instructions for the trial court to vacate Fedij’s conviction and sentence for the Class A misdemeanor conviction.  

Court of Appeals of Indiana
Adam Kristopher Baumholser v. State of Indiana
21A-PC-2138
Post-conviction. Affirms in part, reverses in part Adam Kristopher Baumholser’s convictions for Class A felony child molesting and two counts of class C felony child molesting and petitioned for post-conviction relief. Finds that trial counsel provided ineffective assistance by failing to move to dismiss the class C felony charges and that Baumholser is entitled to relief on that claim. Reverses on that issue but affirms in all other respects.

Court of Appeals of Indiana
Justin Yeary v. State of Indiana
21A-CR-1080
Criminal. Reverses Justin Yeary’s conviction of Level 1 felony dealing in a controlled substance resulting in death. Finds the drug-induced homicide statute required the state to prove the drugs sold by the defendant were both the proximate cause and the actual cause of the victim’s death and does not improperly inhibit a defendant’s ability to contest such proof. Also finds the text messages Tyler Humphrey sent in the days immediately preceding his death are relevant to the question of whether the drugs Yeary sold Humphrey caused Humphrey’s death. Finally, finds the Hamilton Superior Court’s jury instructions did not properly convey to the jury the necessity of finding Yeary’s drugs were the actual cause and proximate cause of Humphrey’s death, which resulted in reversible error. Remands for further proceedings, including the option of a retrial.

Court of Appeals of Indiana
In the Matter of the Termination of the Parent-Child Relationship of T.S., Father, M.B.H., Mother, and A.S., Minor Child, M.B.H. v. Indiana Department of Child Services (mem. dec.)
21A-JT-1832
Juvenile termination of parental rights. Affirms the termination of mother M.B.H.’s parental rights to A.S. Finds clear and convincing evidence supported the juvenile court’s conclusions that there was a reasonable probability the conditions that led to A.S.’s removal and continued placement outside M.B.H.’s care will not be remedied, and that continuation of the parent-child relationship posed a threat to A.S.’s well-being.

Court of Appeals of Indiana
Barclays Investment Funding LLC & T. Tad Bohlsen v. Jamalee Investments, LLC
21A-PL-2015
Civil plenary. Dismisses Barclays Investment Funding LLC’s appeal of the denial of its motion to reconsider the Madison Circuit Court’s order striking Barclays’ motion to set aside a default judgment on a mortgage complaint. Finds Barclays’ motion to reconsider was instead a motion to correct error, and such motion was untimely.

Court of Appeals of Indiana
The Trustees of Indiana University v. Justin Spiegel; The Trustees of Purdue University v. Elijah Seslar, Zachary Church, Jordan Klebenow, and Luke McNally
21A-CT-175
Civil tort. Affirms the denial of Indiana University’s motion for judgment on the pleadings and Purdue University’s motion to dismiss following complaints filed by university students after in-person classes were canceled and university facilities were closed due to the COVID-19 pandemic. Finds the Monroe Circuit Court and Tippecanoe Superior Court did not err.

7^th Circuit Court of Appeals
Donald G. Karr, Jr. v. Mark R. Sevier, Warden
21-2463
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge James P. Hanlon.
Civil. Affirms the denial of Donald Karr’s petition for habeas relief after he was convicted in state court of rape and domestic battery. Finds Karr fails to show he was prejudiced by his trial counsel’s purported errors. Also finds that a U.S. Supreme Court equitable exception that excuses procedural defaults, including the six claims Karr procedurally defaulted in state court, does not apply to insubstantial claims such as the ones Karr presents for ineffective assistance of trial counsel, nor does it apply in this procedural posture.

Court of Appeals of Indiana
U.S. Automatic Sprinkler Corporation v. Erie Insurance Exchange, Travelers Indemnity Company of Connecticut a/s/o Sycamore Springs Surgical Center, LLC, Dr. Nancy Pruett, D.D.S. and 3D Exhibits, Inc.
21A-CT-580
Civil Tort. Affirms Marion Superior Court denial of U.S. Automatic Sprinkler Corp.’s motion for summary judgment against Travelers Indemnity Company of Connecticut. Finds the subrogation waiver in Automatic Sprinkler’s contract with the Sycamore Springs Surgical Center does not apply because the sprinkler company did the work at the request of the landlord and not under its contract with the surgery center. Reverses the denial of Automatic Sprinkler’s motion for summary judgment against Erie Insurance Exchange, Nancy Pruett, D.D.S. and 3D Exhibits. Holds that under Citizen Gas & Coke Utility v. American Economy Insurance Co., 486 N.E.2d 998 (Ind. 1985) the requirement of privity is still binding in the property-damage context.

Court of Appeals of Indiana
Munster Steel Co., Inc. v. CPV Partners, LLC and Centennial Village, LLC
21A-PL-1154
Civil plenary. Affirms summary judgment awarded to CPV Partners, LLC and Centennial Village, LLC against Munster Steel Co, Inc. after finding that the transfer of property that Munster Steel had sold to CPV and Centennial between the Developer and the Town of Munster had not been a sale, but an equitable mortgage. Finds Munster Steel has waived any argument that the Development Agreement was ambiguous and the evidence available shows that the Town Parties and the Developer intended the transfer to be an equitable mortgage.

Court of Appeals of Indiana
Quantae A. Johnson v. State of Indiana (mem. dec.)
21A-CR-441
Criminal. Affirms the denial of Quantae Johnson’s motion to modify his sentence after his community corrections placement and probation were revoked. Finds the Hamilton Superior Court did not abuse its discretion.

Court of Appeals of Indiana
Cory Chapman v. State of Indiana
21A-CR-421
Criminal. Affirms the Greene Superior Court’s preliminary determination that memes involving jokes of a sexual nature Cory Chapman allegedly disseminated to a former student via text message are probably harmful to minors. Finds the applicability of Indiana Code Section 35-49-2-4 cannot be entirely ruled out as a procedure for litigating such cases as this. Also finds the trial court did not abuse its discretion in its final determination. Finally, finds Chapman waived his constitutional challenge. Judge Paul Mathias concurs with separate opinion and Judge Margret Robb dissents with separate opinion.

Court of Appeals of Indiana
Harry Richard Wellings, Jr. v. State of Indiana
21A-CR-1874
Criminal. Affirms Harry Richard Wellings Jr.’s aggregate 12-year sentence for his convictions of Level 3 felony attempted rape, Level 4 felony criminal confinement, Level 5 felony attempted incest, Level 6 felony sexual battery and Level 6 felony strangulation. Finds Wellings has failed to show that his sentence is inappropriate.