Opinions

The following 7^th Circuit Court of Appeals opinion was posted after IL deadline Monday.
USA v. Travis Barrett
19-2254
Appeal from the United States District Court for the Northern District of Indiana, Hammond Division. Judge Joseph S. Van Bokkelen.
Criminal. Affirms Travis Barrett’s 97-month imprisonment followed by 10 years of supervised release. Finds that Barrett waived his challenge to Condition 31 of his proposed conditions of supervised release by not presenting it to the district court.

The following 7th Circuit Court of Appeals opinion was posted after IL deadline Wednesday.
Dennis Troyer v. National Futures Association
20-1422
Appeal from the U.S. District Court for the Northern District of Indiana, Fort Wayne Division. Magistrate Judge Susan L. Collins.
Civil. Affirms summary judgment in favor of National Futures Association and denial of Dennis Troyer’s motion for summary judgment. Finds that NFA Bylaw 301 is not applicable in this case.

7^th Circuit Court of Appeals
BRC Rubber & Plastics, Inc. v. Continental Carbon Company 
20-1011
Appeal from the United States District Court for the Northern District of Indiana, Fort Wayne Division. Magistrate Judge Susan L. Collins.
Civil. Affirms the district court’s order for seller Continental Carbon Company to pay damages to buyer BRC Rubber & Plastics Inc. and the award of prejudgment interest to BRC for the cost of replacing lost supply at higher prices. Finds the district court properly applied Section 2-609 of the Uniform Commercial Code to find that the seller gave the buyer reasonable grounds for doubting that it would perform and that the seller repudiated by failing to provide adequate assurance that it would continue to perform. Also finds the court properly applied Section 2-712 to find that the buyer’s cover was commercially reasonable. Finally, finds the court did not err in awarding prejudgment interest.

Indiana Court of Appeals
Timothy Marcus Mayberry v. State of Indiana (mem. dec.)
20A-CR-158
Criminal. Affirms Timothy Mayberry’s murder conviction and an enhancement for the use of a firearm in the commission of a felony. Finds that because Mayberry has not shown any deliberate conduct of bad faith by the state or substantial prejudice to his rights, his argument fails. Thus, finds that the St. Joseph Superior Court was well within its discretion in allowing Officer Ray Wolfenbarger’s testimony.

Indiana Court of Appeals
Delangley Woods v. State of Indiana (mem. dec.)
20A-MI-1149
Miscellaneous. Affirms the Marion Superior Court’s order awarding $12,064 to the state against Delangley Woods on the state’s complaint for civil forfeiture after a bench trial. Finds the trial court did not err when it awarded the cash to the state on its forfeiture complaint.

The following Indiana Tax Court opinion was posted after IL Daily deadline Thursday:
Lowe’s Home Centers, Inc. v. Monroe County Assessor
19T-TA-17
Tax. Affirms the Indiana Board of Tax Review’s final determinations establishing the assessed values of Lowe’s Home Centers store in Bloomington for the 2014-2017 tax years. Rejects Lowe’s contention that the Indiana Board erred in rejecting its sales comparison approach and income approach valuations and in excluding the obsolescence depreciation adjustments from its cost approach valuations.

Indiana Court of Appeals
Javan D. Brown v. State of Indiana
20A-CR-125
Criminal. Affirms Javan Brown’s aggregate 6½-year conviction for Level 5 felony reckless homicide and Class A misdemeanor dangerous possession of a firearm. Finds that Brown’s argument that the LaPorte Superior Court erred by excluding his mother from the courtroom fails. Also finds that the trial court did not err by allowing the jury to examine and pull the trigger on the firearm during deliberations. Finds the evidence is sufficient to sustain Brown’s conviction for reckless homicide, and finds both convictions do not constitute double jeopardy. Finds his sentence is not inappropriate and the trial court did not abuse its discretion in sentencing him.

Indiana Court of Appeals
McGraw Property Solutions, LLC v. Jason Jenkins 
20A-PL-00630
Civil plenary. Affirms the Boone Superior Court’s summary judgment in favor of Jason Jenkins against McGraw Property Solutions, concluding that Jenkins timely cancelled a storm repair contract within three days of acceptance.

The following Indiana Supreme Court opinion was posted after IL Daily deadline Monday:
K.C.G. v. State of Indiana
20S-JV-263
Juvenile. Vacates K.C.G.’s delinquency adjudication and the modification of his probation based on that adjudication in Marion Superior Court. Remands with instructions to dismiss the State’s petition, finding the juvenile court lacked jurisdiction because the offense of dangerous possession of a firearm can never be committed by an adult.

Indiana Court of Appeals

Robert James Plato, Jr. v. State of Indiana (mem. dec.)

20A-CR-475

Criminal. Affirms the Madison Circuit Court’s revocation of Robert Plato Jr.’s probation and order that he serve the four years of his previously suspended sentence. Finds the trial court did not abuse its discretion.

Indiana Court of Appeals
R.W. v. J.W.
19A-PO-02697
Protective order. Affirms the issuance of a permanent protective order against Rafer Weigel and the Porter Superior Court’s denial of his motion to dismiss the petition for an order of protection. Finds the trial court did not err by failing to transfer J.W.’s petition to Illinois and did not err by finding and concluding that sufficient evidence existed to support issuing a permanent order of protection in favor of J.W. Judge Terry Crone concurs in a separate opinion, arguing Weigel’s identity should not be hidden from the public.

Indiana Court of Appeals
Michael D. Williams v. State of Indiana
20A-CR-1209
Criminal. Reverses Michael Williams’ conviction in Wayne Superior Court of misdemeanor theft after he found and took money left at a grocery-store self-checkout station by a previous customer. Finds that Williams’ conduct does not constitute theft under the existing theft statute.

Indiana Court of Appeals
Pines of Greenwood, LLC and Arbor Homes, LLC v. The Village Pines at the Pines of Greenwood Homeowners’ Association, Inc. (mem. dec.)
20A-PL-373
Civil plenary. Affirms and reverses in part the Johnson Superior Court’s determination that The Village Pines at the Pines of Greenwood Homeowners’ Association incurred damages of more than $1 million. Finds dues are owed to the HOA, and the HOA is the party that has been damaged by Pines of Greenwood LLC and Arbor Homes LLC failing to pay assessments on unsold lots. Also finds that the trial court’s order on damages does not make clear how it arrived at the amount due and remands to either clarify how the court arrived at the amount ordered or correct the amount due for unpaid assessments. Finally, reverses the interest award and vacates the award of late fees, and remands for the trial court to recalculate interest and apply an 8% rate starting in November 2011.

Indiana Court of Appeals
John B. Larkin v. State of Indiana
19A-CR-2705
Criminal. Reverses John Larkin’s involuntary manslaughter conviction and two-year sentence. Concludes that the LaPorte Superior Court erred in instructing the jury on involuntary manslaughter. Remands with instructions to enter a judgment of acquittal and order that Larkin  be discharged.

Indiana Court of Appeals 

Stephanie J. Reagan v. State of Indiana

20A-CR-907

Criminal. Majority affirms Stephanie Reagan’s conviction of Level 6 felony possession of cocaine and Class C misdemeanor possession of marijuana based on evidence obtained in part by a strip search as she was being processed in the Marion County Jail. Judge Leanna Weissmann dissents and would find the state failed to prove the strip search was reasonable under Article I, Section 11 of the Indiana Constitution. She would reverse the judgment based on the admission of the evidence and remand for proceedings.

Indiana Court of Appeals
State of Indiana v. Axel Domingo Diego
20A-CR-227
Criminal. Affirms on rehearing the grant of Axel Diego’s motion to suppress his statement to police. Grants the motion for rehearing in order to clarify that the State’s appeal is a discretionary interlocutory appeal brought pursuant to subsection 6 of Indiana Code Section 35-38-4-2. Remands to the Case Circuit Court for proceedings. Judge Nancy Vaidik concurs in result with separate opinion.

Indiana Court of Appeals
IPL Industrial Group, et al. v. Indianapolis Power and Light Company, et al.
20A-EX-800
Agency. Affirms the Indiana Utility Regulatory Commission’s order approving Indianapolis Power & Light Company’s proposed plan involving $1.2 billion in system investments over a seven-year period. Holds that the commission properly admitted IPL’s work papers by administrative notice; the commission properly determined that the costs of the eligible improvements included in the Proposed Plan are justified by their incremental benefits; and the commission’s findings are sufficiently specific to enable appellate review of its decision.

Indiana Court of Appeals
State of Indiana v. Justin Jones
20A-CR-00664
Criminal. Affirms the Marion Superior Court’s order that the state produce a confidential informant for an interview with Justin Jones’ counsel. Finds that the state did not meet its burden to demonstrate that the CI’s identity would be revealed. Concludes that the trial court did not abuse its discretion when it granted Jones’ motion to compel.

Indiana Court of Appeals
Nathan Kluger and Laura Kluger v J.J.P. Enterprises, Inc. d/b/a SERVPRO of North Lexington
20A-PL-235
Civil plenary. Reverses the grant of partial summary judgment in favor of J.J.P. Enterprises Inc. d/b/a Servpro of North Lexington and against Nathan and Laura Kluger. Finds that the $150 contract-price threshold under Indiana’s Home Improvement Contracts Act has been satisfied as a matter of law in this instance, so the Posey Circuit Court erred in granting Servpro’s motion for partial summary judgment. Remands with instructions that the trial court enter partial summary judgment in the Klugers’ favor and to conduct further proceedings consistent with the opinion.

Indiana Court of Appeals
Jerome W. Gibbs v. State of Indiana
20A-CR-770
Criminal. Reverses Jerome Gibbs’ Level 5 felony conviction and remands the matter to the Marion Superior Court with instructions to enter a conviction and sentence for Class A misdemeanor domestic battery. Finds that the evidence that Gibbs was Tonja Smith’s boyfriend and that he was with her while she was on her scooter was an insufficient basis on which to conclude Gibbs voluntarily assumed care of Smith.