Opinions

The following 7^th Circuit Court of Appeals opinion was posted after IL deadline Tuesday:
Roderick V. Lewis v. Dushan Zatecky
20-1642
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Richard L. Young.
Civil. Reverses the denial of Roderick Lewis’ petition for writ of habeas corpus. Finds the decision of the last responsible state court was contrary to U.S. Supreme Court precedent, insofar as it held that Strickland, not Cronic, furnished the applicable rule, and it was an unreasonable application of Cronic, insofar as it focused on that case. Remands for the issuance of the writ, limited to resentencing. Judge Michael Brennan dissents with separate opinion.

Indiana Court of Appeals
Randy C. Axelrod, M.D. v. Anthem, Inc. and all of its affiliates, WellPoint, Inc., and Amgen, Inc.
19A-PL-1171
Civil plenary. Affirms the denial of Randy C. Axelrod’s motions for a mistrial or a new trial after a jury returned a verdict in favor of Anthem Inc. and all of its affiliates, WellPoint Inc. and Amgen Inc. Finds the Marion Superior Court did not misapply Indiana Trial Rule 60(B)(3). 

Indiana Court of Appeals
Jeffrey Archer v. State of Indiana
20A-CR-1677
Criminal. Reverses the grant of the state’s motion to quash Jeffrey Archer’s notice of deposition. Finds the state did not meet its showing of a paramount interest in non-disclosure under the Dillard test, so the Marion Superior Court abused its discretion by quashing the subpoena for L.B.’s deposition. Remands for proceedings.

Indiana Court of Appeals
Tanika Stewart v. State of Indiana
20A-CR-1809
Criminal. Affirms Tanika Stewart’s felony murder conviction. Finds Stewart’s challenge to the admission of State’s Exhibit 34, video surveillance footage, is waived, and the Vanderburgh Circuit Court did not abuse its discretion in admitting State’s Exhibits 43 through 45, also video footage, due to their quality. Also finds any error in the exclusion of witness Antonio Bushrod’s statements was harmless. Finally, finds the state presented sufficient evidence to rebut Stewart’s self-defense claim.

The following Indiana Supreme Court opinion was posted after IL deadline Wednesday:
David Branscomb and Tammy Branscomb v. Wal-Mart Stores East, L.P. and James Clark
20S-CQ-515
Certified question. Answers a certified question from the U.S. District Court for the Northern District of Indiana and holds that when there are no allegations that a store manager controlled the premises where alleged harm occurred, he or she cannot be held liable under Indiana law. Finds plaintiffs David and Tammy Branscomb cannot recover from store manager James Clark based on their failure to properly hire, train and supervise claim, their failure to have and/or implement proper safety policies and procedures claim, or their failure to inspect and maintain the property claim. 

Indiana Court of Appeals
Herco, LLC v. Auto-Owners Insurance Company
20A-PL-1682
Civil plenary. Affirms the grant of summary judgment in favor of Auto-Owners Insurance Company in a dispute with Homeowners’ Equity & Realty Corporation LLC. Finds HERCO’s second suit is barred by res judicata. Also finds HERCO could have raised its breach of contract and bad faith claims in the first suit in Lake Superior Court but chose not to do so.

Indiana Court of Appeals
The City of Bloomington, et al. v. Andrew Guenther, et al. (mem. dec.)
20A-MI-1900
Miscellaneous. Affirms the denial of the motion to dismiss filed by the city of Bloomington, Mayor John Hamilton, Christopher Cockerham and Nicholas Kappas, which challenged the amended verified complaint for declaratory judgment and writ of quo warranto filed by William Ellis and Andrew Guenther in reference to a Planning Commission appointment. Finds the petitioners have stated sufficient facts to demonstrate that they have standing to bring their complaint for declaratory judgment and request for a writ of quo warranto. Also finds the Monroe Circuit Court did not err in denying the motion to dismiss.

Indiana Court of Appeals
Dawn Riddle and Matthew Riddle v. Syed J. Khan, Chaitanya Chekkilla, and Christopher H. Scruton
20A-PL-1441
Civil plenary. Affirms the grant of summary judgment to Dr. Syed J. Khan, Dr. Chaitanya Chekkilla and Christopher J. Scruton on the claim brought by Dawn and Matthew Riddle under 42 U.S.C. § 1983 for allegedly treating the Riddles’ children without permission. Finds undisputed evidence from which the Tipton Circuit Court could have determined the Riddles were aware of Khan’s alleged violations, which fell outside the statute of limitations period, and Khan’s actions were not part of a continuing wrong that extended the statute of limitations period as to him. Also finds Scruton was not entitled to summary judgment on the statute of limitations period, but because there was no material evidence showing he joined or conspired with the Indiana Department of Child Services to deprive the Riddles of their constitutional rights and no dispute of material fact that he actually deprived them of a constitutionally protected right, he was entitled to summary judgment on those grounds. Finally, finds the Riddles have not presented or designated evidence to establish that Chekkilla was a state employee or that she conspired or joined with any state officials to deprive the Riddles of their constitutional rights of any kind.

Indiana Court of Appeals

Anthony Hughes, et al. v. First American Title Insurance Co. 
20A-PL-01850
Civil plenary. Affirms the Howard Circuit Court order granting summary judgment to First American in litigation filed by Anthony Hughes seeking damages related to an easement not disclosed in a title examination and for a judgment entered against Hughes in a related lawsuit. Finds the Hughes parties should be reimbursed as the trial court ruled, for the actual loss they suffered in reliance on their policy of title insurance, and such loss is the diminution in value of the property caused by the existence of the easement.

Indiana Court of Appeals 

The Lincoln National Life Insurance Company v. Beverly M. Kennedy
20A-PL-837
Civil plenary. Affirms in part, reverses in part and enters full summary judgment in favor of Lincoln National on its complaint for declaratory judgment pertaining to a group long-term disability benefits policy. Concludes that Lincoln National was entitled to full summary judgment as a matter of law based on the policy’s provisions, and therefore, reverses the Washington Circuit Court’s grant of partial summary judgment to Kennedy. Concludes that the trial court did not abuse its discretion when it ordered that Lincoln National was entitled to reimbursement of overpaid benefits, subject to interest.

Indiana Court of Appeal
Clark County REMC v. Glenn Reis, Dale Bottorff, Jimmie Sanders, and Steve Stumler
20A-CT-622
Civil tort. Affirms the grant of summary judgment to Glenn Reis, Dale Bottorff, Jimmie Sanders and Steve Stumler on their breach of contract claim against Clark County REMC. Finds that because there was mutuality of obligation under a policy granting health insurance benefits to certain former directors of Clark County REMC, the Clark Circuit Court did not err by finding the policy to be a contract. Also finds the trial court’s ruling was not contrary to public policy. Judge L. Mark Bailey dissents with separate opinion.

Indiana Court of Appeals

Brent C. Faulk v. Callie J. (Bissell) Faulk
20A-DC-1432
Domestic relations with children. Affirms and reverses in part the decree dissolving the marriage of Brent C. and Callie J. Bissell Faulk. Finds the Boone Superior Court erred in changing Brent and Callie Faulk’s child’s surname and in calculating mother’s income. Also finds the trial court did not err in calculating father’s income or in placing limits on his opportunities for additional parenting time. Remands with instructions to vacate the child’s surname change and to include the value of mother’s in-kind benefits in the calculation of her weekly gross income for child support purposes. Judge Patricia Riley concurs and dissents in part with separate opinion.

Indiana Court of Appeals
Indiana Department of Transportation v. FMG Indianapolis LLC, et al. 
20A-PL-215
Civil plenary. Reverses the Hamilton Superior Court’s order that reversed an Indiana Department of Transportation ruling revoking billboard permits held by FMG Indianapolis. Concludes INDOT’s order revoking FMG’s sign permit and ordering that one of the signs be removed is not arbitrary, capricious, an abuse of discretion, or otherwise not in accordance law.

The following Indiana Supreme Court opinion was posted after IL deadline Wednesday:
Byron D. Harris, Jr. v. State of Indiana
20S-CR-546
Criminal. Affirms Byron Harris Jr.’s conviction in adult court of attempted murder. Finds that a child in adult criminal court may use Evidence Rule 615(c) to establish that a parent is “essential” to the presentation of the defense and is thus excluded from a witness-separation order. However, also finds Harris did not make the requisite showing under the rule, nor did he show he had a due process right. Finally, finds the Elkhart Circuit Court did not abuse its discretion when it did not sentence Harris under the alternative juvenile sentencing scheme, and his sentence of 37 years is not inappropriate in light of the nature of his offense and his character.

The following 7^th Circuit Court of Appeals opinion was posted after IL deadline Tuesday:
United States of America v. Stanford Wylie
19-2140
Appeal from the United States District Court for the Northern District of Indiana, South Bend Division. Senior Judge Robert L. Miller Jr.
Criminal. Vacates the portion of Stanford Wylie’s sentence that imposes five years of supervised release. Finds the district court erred in finding it was required to impose a five-year term of supervised release. Remands to reconsider the length of Wylie’s supervised release and for further proceedings.

The following 7th Circuit Court of Appeals opinion was posted after IL deadline Monday:
United States of America v. Shawn Bacon
20-1415
Appeal from the United States District Court for the Northern District of Indiana, Fort Wayne Division. Judge Holly A. Brady.
Criminal. Affirms Shawn Bacon’s convictions on drugs and firearms charges, the denial of his motion to suppress and the denial of his request for a Franks hearing. Finds that on balance, the controlled buys in this case were reliable indicators that Bacon was selling drugs from his home, even though the buys included “middlemen” who were not search or wired. Also finds the district court did not err in denying Bacon a Franks hearing because the “omissions” in a probable cause affidavit supporting a search warrant were immaterial. Finally, finds there was sufficient evidence to support his convictions.

Indiana Court of Appeals
Scott D. Hartman v. State of Indiana (mem. dec.)
20A-CR-422
Criminal. Affirms Scott D. Hartman’s convictions of Level 4 felony unlawful possession of a firearm by a serious violent felon and Class A misdemeanor operating a motor vehicle while privileges are suspended. Finds the Delaware Circuit Court did not violate Hartman’s speedy-trial request when it granted the state’s motion to continue under Criminal Rule 4(D). Also finds Hartman has waived his appellate challenges to the admission of evidence and to the limiting of his cross-examination of his passenger at the time of his crimes.

The following Indiana Supreme Court opinion was issued after IL deadline Thursday:
G&G Oil Co. of Indiana, Inc. v. Continental Western Insurance Co.
20S-PL-617
Civil plenary. Reverses the Marion Superior Court’s grant of summary judgment in favor of Continental Western Insurance Company but affirms the denial of G&G Oil Company of Indiana’s motion for summary judgment in a dispute over coverage of a ransomware attack. Finds that although G&G Oil’s losses resulted directly from the use of a computer, neither party is entitled to summary judgment. Remands for further proceedings.

The following 7^th Circuit Court of Appeals opinion was posted after IL deadline Wednesday:
Jeffery Bridges v. United States of America
20-1623
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Tanya Walton Pratt.
Civil. Reverses the denial of Jeffery Bridges’ petition for habeas relief. Finds that in this case, counsel’s failure to raise an important and meritorious sentencing guideline argument may constitute ineffective assistance of counsel. Also finds that Hobbs Act robbery is not a “crime of violence” as the phrase is defined in the sentencing guidelines. Remands with orders including an evidentiary hearing on defense counsel’s performance under 28 U.S.C. § 2255(b).

The following opinions were posted after IL deadline Tuesday:
7^th Circuit Court of Appeals
United States of America v. Korrtel Filzen
20-1071
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Richard L. Young.
Criminal. Affirms the $1,100 special assessment imposed on Korrtel Filzen for his convictions of 11 felony offenses related to an armed robbery spree. Finds the district court could not have lawfully imposed the $900 special assessment considered in Filzen’s plea agreement, and the lawful sentence that it did impose did not seriously affect the fairness, integrity or public reputation of judicial proceedings. Also finds that the court’s Federal Rule of Criminal Procedure 11 violation was not reversible error.