Indiana Court of Appeals
Charles Wolfe, et al. v. Robert Agro
20A-PL-1242
Civil plenary. Reverses the Randolph Superior Court’s determination that Charles and Rachel Wolfe committed criminal conversion by knowingly exerting unauthorized control over Robert Agro’s property. Finds that Agro’s proper remedy is through the Uniform Partnership Act, not the Crime Victims Relief Act. Judge Elizabeth Tavitas dissents with separate opinion.
The following 7th Circuit Court of Appeals opinion was posted after IL deadline Tuesday.
Rebecca Woodring v. Jackson County, Indiana
Appeal from the United States District Court for the Southern District of Indiana, New Albany Division. Judge Tanya Walton Pratt.
20-1881
Civil plenary. Reverses the District Court order issuing an injunction against a Nativity scene on the courthouse in Jackson County. Majority finds that while Rebecca Woodring has standing to bring this case, holds that under American Legion v. American Humanist Association, 139 S. Ct. 2067 (2019), the Nativity does not violate the Establishment Clause. Vacates the injunction and remands with instructions for the district court to enter summary judgment in favor of Jackson County. Judge David Hamilton dissents with opinion.
Indiana Court of Appeals
Lorenzo Carlos Pfeifer v. State of Indiana
20A-CR-00417
Criminal. Affirms Lorenzo C. Pfeifer’s conviction of two counts of murder. Finds Pfeifer’s rights of confrontation under the Sixth Amendment to the Constitution of the United States and Article 1, Section 13 of the Constitution of Indiana were not violated when the St. Joseph Circuit Court admitted certain deposition testimony into evidence. Finds sufficient evidence to support the conviction.
Indiana Court of Appeals
The Residences at Ivy Quad Unit Owners Association, Inc. v. Ivy Quad Development, LLC, et al.
19A-PL-2974
Civil. Reverses the dismissal of Ivy Quad Unit Owners Association’s implied warranty and negligence claims over crumbling concrete and water infiltration at the Ivy Quad condominium complex in South Bend. Finds the St. Joseph Superior Court’s application of the economic loss doctrine as a complete bar to the association’s negligence claims against the defendants was premature and unwarranted. Remands for proceedings.
Indiana Supreme Court
Blake B. Hartman v. BigInch Fabricators & Construction Holding Company, Inc.
20S-PL-618
Civil plenary. Affirms the grant of summary judgment in Parke Circuit Court to BigInch Fabricators & Construction Holding Company Inc. Finds there is no blanket rule prohibiting agreements that call for open-market concepts to apply to compulsory, closed-market transactions. Also finds that the shareholder’s agreement’s valuation term clearly contemplates a fair market valuation of Blake Hartman’s shares in BigInch, so a third-party appraiser could apply minority and marketability discounts.
The following Indiana Supreme Court opinion was posted after IL deadline Tuesday: Rodriquez Anderson v. State of Indiana
21S-CR-28
Criminal. Grants transfer and summarily affirms the Indiana Court of Appeals’ decision remanding Rodriquez Anderson’s sentence to the Clark Circuit Court to correct the improper one-year sentence imposed for his conviction of Class B misdemeanor possession of marijuana, concurrent to his 25-year sentence for conviction of Level 2 felony conspiracy to deal methamphetamine. Rejects Anderson’s claim that he was improperly denied a speedy trial because counsel had been appointed at the time Anderson made his pro se request, so the trial court acted within its discretion in denying the request.
Indiana Court of Appeals
Jeffrey Thomas Maxwell v. Shirley Sue Maxwell
20A-DR-869
Domestic relations. Reverses in part the order dividing marital property between Jeffrey and Shirley Maxwell. Finds that assigning the tax burden related to Jeffrey’s pension to Jeffrey alone has the result of significantly altering the Hancock Circuit Court’s intended 60/40 apportionment. Also finds Jeffrey is free to pay off the equalization payment more quickly than the $500 per month order and thereby incur less in interest. Remands for clarification regarding the division of Jeffrey’s military pension, and for the trial court to consider the tax consequences of its disposition and to redetermine the amount of the equalization payment. Judge Nancy Vaidik concurs and dissents in part with separate opinion.
The following 7th Circuit Court of Appeals opinion was posted after IL deadline Friday:
United States of America v. Michael Thomas
19-2969
Appeal from the United States District Court for the Northern District of Indiana, South Bend Division. Chief Judge Jon E. DeGuilio.
Criminal. Affirms Michael Thomas’ conviction of mail fraud under 18 U.S.C. § 1341. Finds the district court properly decided that six fires set by Thomas were part of his insurance fraud scheme and not “other acts.” Also finds the district court properly admitted evidence of a seventh fire that, although too far removed in time to be part of the fraud scheme, was evidence of Thomas’ modus operandi.
The following 7th Circuit Court of Appeals opinion was posted after IL deadline Thursday:
Francina Smith v. GC Services Limited Partnership and ORG GC GP Buyer, LLC
19-3494
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Richard L. Young.
Civil. Affirms the dismissal of Francina Smith’s complaint against GC Services under the Fair Debt Collection Practices Act for lack of Article III standing. Finds Smith has not alleged how a need to dispute the debt in writing deterred her from disputing the debt, or what good a dispute would have done her.
Indiana Court of Appeals
20A-PL-1502
Civil plenary. Affirms the Morgan Circuit Court’s order appropriating land for the improvement of Interstate 69 in which Herbert and Alice Haggard had interest in an easement over the property. Finds the trial court did not err when it overruled the Haggards’ objections to the state’s complaint and their motion to vacate the order of appropriation.
Indiana Court of Appeals
Steven P. Smith v. State of Indiana
20A-CR-1014
Criminal. Affirms Steven P. Smith’s conviction of Level 6 felony operating while intoxicated and the finding that he was a habitual vehicular substance offender. Finds the Elkhart Superior Court did not abuse its discretion when it held the jury trial in Smith’s absence because Smith knowingly and voluntarily waived his right to be present. Also finds the trial court did not commit fundamental error when it informed prospective jurors that the court has personally advised Smith of the trial date a few weeks prior.
Indiana Court of Appeals
Bobby L. Peck v. State of Indiana (mem. dec.)
20A-CR-1583
Criminal. Affirms Bobby Peck’s aggregate four-year sentence after he pleaded guilty to two counts of Level 6 felony identity deception and his admission to being a habitual offender. Finds the sentence imposed in Warren Circuit Court is not inappropriate.
The following opinions were posted after IL deadline on Friday:
7th Circuit Court of Appeals
Hector Zelaya Diaz v. Jeffrey A. Rosen
20-1304
Petition for Review of a Decision of the Board of Immigration Appeals.
Agency. Finds the Board of Immigration Appeals did not exercise its discretion according to law in Hector Zelaya Diaz’s case. Grants the petition for review and remands for a proper exercise of discretion under the Board of Immigration Appeals’ precedent in Matter of Avetisyan, 25 I&N Dec. 688 (BIA 2012), and Matter of W-Y-U, 27 I&N Dec. 17 (BIA 2017).
Indiana Court of Appeals
Patrick W. Scholl v. State of Indiana (mem. dec.)
20A-CR-1282
Criminal. Affirms the Elkhart Superior Court’s nunc pro tunc order correcting a clerical error in Patrick Scholl’s sentencing order after he pleaded guilty to Level 5 felony habitual traffic violator and Class A misdemeanor resisting law enforcement. Finds the trial court did not err.
Indiana Court of Appeals
Daveon L. Hendricks v. State of Indiana
20A-CR-690
Criminal. Affirms and reverses in part Daveon L. Hendricks’ convictions of felony murder and Level 2 felony conspiracy to commit robbery resulting in serious bodily injury. Finds that although a witness’s statement admitted at trial violated Indiana Evidence Rule 804(b)(3), the statement did not violate Hendricks’ rights. Also finds that the admission of recorded jail phone calls was not an error or a violation of Hendricks’ rights, and Hendricks has waived his challenge to witness identifications of him. Finally, finds sufficient evidence supports Hendricks’ convictions, but his criminal acts were a single transaction not subject to multiple punishments. Remands to the Delaware Circuit Court with instructions to vacate Hendricks’ conviction of conspiracy to commit robbery.
The following Indiana Tax Court opinion was posted after IL deadline Tuesday:
Elkhart County Assessor v. E R Carpenter Company, Inc.
20T-TA-3
Tax. Reverses the final determination of the Indiana Board of Tax Review establishing the values of E.R. Carpenter Co. Inc.’s real property for the 2012, 2015, 2016 and 2017 tax years. Finds the board’s excess office space adjustments were unsupported by substantial evidence and are arbitrary and capricious. Also finds the board must deal with evidence related to Parcel 3 in a meaningful way. Remands for the board to weigh the competing evidence regarding the value of Parcel 3, adjust the assessor’s 2012 and 2016 cost approach valuations accordingly, then apply the predetermined formula to the newly adjusted 2016 cost approach valuation for purposes of the 2015 and 2017 tax years.
The following 7th Circuit Court of Appeals opinion was posted after IL deadline Monday:
Dustin John Higgs v. T.J. Watson, Warden
20-2129
Appeal from the United States District Court for the Southern District of Indiana, Terre Haute Division. Chief Judge Jane Magnus-Stinson.
Civil. Affirms the dismissal of Dustin Higgs’ petition for habeas relief. Finds that Higgs’ challenge to his firearms convictions under United States v. Davis is not cognizable under 28 U.S.C. § 2241.
The following 7th Circuit Court of Appeals opinion was posted after IL deadline Wednesday:
Brian Hope, et al. v. Commissioner of Indiana Department of Correction, et al.
19-2523
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Richard L. Young.
Civil. Affirms the district court’s finding that the requirement that six men who relocated or returned to Indiana after 2006 register under the Sex Offender Registration Act is unconstitutional. Finds the registration requirement violates the men’s right to travel. Judge Amy St. Eve dissents with separate opinion.
The following 7th Circuit Court of Appeals opinion was posted after IL deadline Tuesday:
Hortansia D. Lothridge v. Andrew M. Saul, Commissioner of Social Security
20-1269
Appeal from the United States District Court for the Northern District of Indiana, Fort Wayne Division. Senior Judge Joseph S. Van Bokkelen.
Civil. Vacates the district court’s order upholding the denial of disability benefits to Hortansia Lothridge. Finds the administrative law judge’s finding that Lothridge was not disabled was inconsistent with the finding that she had moderate limitations in concentration, persistence and pace. Remands for further proceedings.
7th Circuit Court of Appeals
Cheryl Kellogg v. Ball State University, d/b/a Indiana Academy for Science, Mathematics and Humanities
20-1406
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Magistrate Judge Tim Baker.
Civil. Reverses the Indiana Southern District Court’s award of summary judgment to the Indiana Academy for Science, Mathematics and Humanities on Cheryl Kellogg’s claims under Title VII and the Equal Pay Act. Finds the district court’s finding that the academy proffered what the court believed were undisputed gender-neutral explanations for Kellogg’s pay was incorrect. Also finds David Williams’ statement contradicts the academy’s explanations for Kellogg’s pay and puts them in dispute. Finally, finds Kellogg can rely on Williams’ statement even though he uttered it outside the limitations window. Remands for further proceedings.