Opinions

Indiana Court of Appeals
Guadalupe Pava v. State of Indiana
19A-CR-716
Affirms Guadalupe Pava’s conviction in Marion Superior Court of battery by a person at least 18 years of age resulting in bodily injury to a person less than 14 years of age as a Level 5 felony. Finds the objective reasonableness standard adopted in Willis v. State,888 N.E.2d 177 (Ind. 2008), would provide sufficient notice of what conduct crosses the line from mere discipline of a child to battery. Also finds Pava has failed to carry her burden of demonstrating that the battery statute is unconstitutionally vague as applied to her specific act of repeatedly striking P.P. with an electrical cord. Finally, finds the state submitted ample evidence to demonstrate beyond a reasonable doubt that Pava used an unreasonable amount of force, thus disproving her defense of parental privilege.

Indiana Court of Appeals
In the Matter of the Revocable Trust Agreement Created by the Settlor, Anil Kumar Sarkar, Dipa Sarkar v. Anuradha (“Mili”) Sarkar Naugle
19A-TR-1814
Trust. Affirms the Vigo Superior Court’s findings of facts and conclusions in favor of Anuradha Sarkar Naugle, concluding that the revocable trust was not created in contemplation of death and for the purpose of defeating Dipa Sarkar’s spousal elective share. Finds Dipa cannot satisfy her statutory election to take against the will from the assets in her deceased husband’s inter vivos trust.

The following 7th Circuit Court of Appeals opinions were posted after IL deadline Friday:
Molly Joll v. Valparaiso Community Schools
18-3630
Appeal from the United States District Court for the Northern District of Indiana, Hammond Division. Magistrate Judge John E. Martin.
Civil. Reverses the grant of summary judgment to Valparaiso Community Schools on Molly Joll’s sex discrimination claim but affirms the grant of summary judgment on Joll’s age discrimination claim. Finds Joll offered evidence that would allow a reasonable jury to find that the school district used hiring procedures tilted in favor of male applicants, applied sex-role stereotypes during the interview process and manipulated the criteria for hiring in ways that were inconsistent except that they always favored male applicants. Remands for trial on the sex discrimination claim. Judge Kenneth Ripple dissents with separate opinion.

The following 7th Circuit Court of Appeals opinion was posted after IL deadline on Wednesday.
DePuy Synthes Sales, Inc. v. OrthoLA, Inc.
19-2765
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Chief Judge Jane Magnus-Stinson.
Civil. Affirms the district court’s stay of a case filed in the Southern District seeking an order to compel arbitration in a medical device distribution dispute between manufacturer DeDuy Synthes Sales and Los Angeles-area contract distributor OrthoLA, Inc. Finds that given related litigation over similar subject matter in California, the Southern District did not abuse its discretion in staying the matter until the California matter is resolved.

The following 7^th Circuit Court of Appeals opinion was posted after IL deadline on Friday.
USA v. Sheila Geary
19-2299
Appeal from the United States District Court for the Northern District of Indiana, Hammond Division. Judge Joseph S. Van Bokkelen.
Criminal. Affirms Sheila Geary’s 57-month prison sentence and five years of supervised release for a child pornography conviction, as well as an order that she pay $55,600 in restitution jointly and severally with her husband, David Geary. Finds no clear error in the district court’s factual findings that Sheila was a but-for cause of a child’s abuse. Also finds the inclusion of the restitution amount in Sheila’s PSR was sufficient notice to her that David’s restitution amount would be used in her sentencing. Thus, finds no error in relying on the calculation from David’s sentencing to determine the amount of restitution that Sheila would owe.

Indiana Court of Appeals
Name Change Of: R.E.
19A-MI-02562
Miscellaneous. Reverses and remands the Newton Circuit Court’s demand that R.E. publish his petition to change his name in a local newspaper; litigate the petition in open court; and submit medical evidence to show that R.E. had actually undergone a physical sex change. Finds the trial court obstructed the timely disposition of R.E.’s petition and placed evidentiary burdens upon R.E. that were unjustified and contrary to law. Remands with instructions that the trial court grant R.E.’s petition without further delay.

The following opinions were posted after IL deadline Tuesday.
7th Circuit Court of Appeals
USA v. Monique Bowling
19-2110
Appeal from the United States District Court for the Northern District of Indiana, Hammond Division. Judge Philip P. Simon.
Criminal. Affirms Monique Bowling’s 63-month sentence for conviction of theft from a local government that received federal funds under 18 U.S.C. § 666(a)(1)(A). Finds the federal funds element was met when the parties stipulated that the City of Gary received more than $10,000 in federal benefits in a one-year period. Also finds no error in admitting testimony under Rule 404(b) and that the district court’s finding that Bowling deliberately exaggerated her mental health symptoms and remained mute to unnecessarily delay the proceedings does not need to be disturbed.

Indiana Court of Appeals
Larry Mickow v. AAA Insurance MemberSelect Insurance Company (mem. dec.)
19A-CT-1546
Civil tort. Affirms the Lake Superior Court’s grant of summary judgment in favor of MemberSelect Insurance Company against Larry Mickow. Finds that because no factual dispute exists as to whether MemberSelect breached its duty of good faith and fair dealing, the trial court properly granted summary judgment on Mickow’s bad faith claim. Also finds it properly granted summary judgment in favor of MemberSelect on his breach of contract claim.

7^th Circuit Court of Appeals
Robert Holleman v. Dushan Zatecky
19-1326
Appeal from the United States District Court for the Southern District of Indiana, Terre Haute Division. Judge James R. Sweeney II.
Civil. Affirms the Southern District Court’s grant of summary judgment to Zatecky in response to Robert Holleman’s First Amendment lawsuit after his transfer from Pendleton Correctional Facility. Despite Holleman’s multitudinous lawsuits, grievances, and an interview he provided to a local newspaper about the conditions at Pendleton, finds his transfer was not retaliation.

7^th Circuit Court of Appeals
Ralph Oliver v. United States of America and Ryan Ross v. United States of America
17-2880 and 17-2902
Appeals from the United States District Court for the Northern District of Indiana, Hammond Division. Senior Judge Joseph S. Van Bokkelen.
Affirms the denial of Ralph Oliver’s and Ryan Ross’ motions to vacate their firearms convictions under 18 U.S.C. § 924(c). Finds express collateral-attack waivers in the defendants’ plea agreements are valid and bar their challenges to their convictions and sentences.

Indiana Court of Appeals
Kosciusko County Community Fair Inc. v. Mary Clemens, et al.
19A-PL-02306
Civil plenary. Affirms the Kosciusko Circuit Court’s order finding a restrictive covenant related to motorized racing is enforceable on property owned by Kosciusko County Community Fair, Inc. Finds the fair’s claims on appeal are meritless, and concludes an award of damages, including appellate attorney fees, is appropriate. Remands for a determination of damages pursuant to Ind. Appellate Rule 66(E).