Opinions

Indiana Supreme Court
State of Indiana v. Tyson Timbs
27S04-1702-MI-70
Miscellaneous. Vacates and remands for the Grant Superior Court to determine, based on the Indiana Supreme Court’s framework, whether Tyson Timbs has cleared the hurdle of establishing gross disproportionality in the civil forfeiture of his Land Rover. Finds a use-based in rem fine is excessive if (1) the property was not an instrumentality of the underlying crimes, or (2) the property was an instrumentality, but the harshness of the punishment would be grossly disproportional to the gravity of the underlying offenses and the owner’s culpability for the property’s misuse. Also finds that Timbs’ Land Rover was an instrumentality of the underlying offense of drug dealing. Justice Geoffrey Slaughter dissents with separate opinion.

The following 7^th Circuit Court of Appeals opinions were posted after IL deadline Thursday:
John W. Kimbrough v. Ron Neal
18-3145, -3153
Appeals from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge William T. Lawrence.
Civil. Reverses the grant of John Kimbrough’s petition for writ of habeas corpus after he was denied post-conviction relief in state court on his 80-year sentence for child molesting. Finds a federal court considering a habeas petition under 28 U.S.C. § 2254(d) cannot disagree with a state court’s resolution of a state law issue.

Indiana Supreme Court
William Clyde Gibson, III v. State of Indiana
22S00-1601-PD-00009, 22S00-1608-PD-00411
Post conviction. Affirms the Floyd Superior Court’s denial of post-conviction for William Clyde Gibson III from his two murder convictions resulting in death sentences, finding he did not receive ineffective assistance of counsel.

The following 7^th Circuit Court of Appeals opinions were issued after IL deadline Tuesday.
USA v. Anthony Shockey
19-1308
Appeal from the United States District Court for the Northern District of Indiana, South Bend Division. Judge Robert L. Miller, Jr.
Criminal. Affirms an order revoking Anthony Shockey’s supervised release and imposing a 15-month prison sentence after he tested positive for methamphetamine. Finds the court could reasonably infer possession from use.

Indiana Court of Appeals
Andrew Patrick v. Painted Hills Association, Inc.
19A-SC-936
Small claims. Affirms Morgan Superior Court rulings in favor of Painted Hills Association, Inc., seeking to enforce restrictive covenants and collect unpaid dues for 2017 and 2018 against Andrew Patrick, who obtained tax deeds to three unimproved properties in the neighborhood. Holds statutes are unambiguous and the restrictive covenants survive the tax sale. The court did not err in ruling for the association or denying Patrick’s motion to correct error.

The following opinions were posted after IL deadline Friday. 7^th Circuit Court of Appeals
Gai Levy v. Marion county Sheriff, et al.
19-1424
Appeal from the U.S. District Court for the Southern District of Indiana, Indianapolis Division. Chief Judge Jane Magnus-Stinson.
Civil. Affirms grant of Gai Levy’s motion for summary judgment against his claim that the Marion County Sheriff and the Consolidated City of Indianapolis and Marion County violated his constitutional rights under 42 U.S.C. § 1983 for unlawfully detaining him after the Marion Superior Court order his release from jail. Finds the testimony and evidence affirms the district court’s decision that there was no dispute of material fact as to whether the court entered an order for Levy to self-report to Marion County Community Corrections after his first court appearance. Holds that because the Marion County sheriff and the city of Indianapolis tried to implement a fix to overcome a glitch in the release processing system, they did not to act with deliberate indifference to the risk of detainees’ overdetention.

Indiana Court of Appeals
Robert McAnalley v. State of Indiana
18A-CR-01099
Criminal. Affirms Robert McAnalley’s conviction of Level 4 felony possession of a firearm by a serious violent felon and his guilty plea to a habitual offender enhancement. Finds the admission of handgun evidence did not violate McAnalley’s federal or state constitutional protections. Finds the Marion Superior Court did not abuse its discretion under the circumstances. Judge Cale Bradford concurs in result in a separate opinion.

Indiana Court of Appeals
Kay Kim, et al. v. Village At Eagle Creek Homeowners Association, et al.
19A-SC-00970
Small claims. Reverses the Marion County Small Claims Court’s order dismissing Kay Kim and Charles Chuang’s action against the Village at Eagle Creek Homeowners Association, Inc. and Muhammed and Andleeb Javed. Finds the smalls claims court erred when it dismissed Kim and Chuang’s case for their refusal to attend mediation. Holds that small claims courts may not Remands further proceedings.

The following 7^th Circuit Court of Appeals opinion was posted Thursday after IL deadline:
United States of America v. Reynold De La Torre, et al.
18-2009, -2218, -2286, -3303, 19-1299
Appeals from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Tanya Walton Pratt.
Criminal. Affirms sentences entered against Maria Gonzalez, Reynold De La Torre and Adrian Bennett. Vacates the guilty pleas entered by Christian Chapman and Jeffrey Rush. Finds Gonzalez’s offense level was properly adjusted for her “aggravating role,” De La Torre waived his challenge to the conditions of his supervised release, and Bennett failed to identify a specific reason to question the substantive reasonableness of his below-guidelines sentence. Also finds Chapman and Rush were subjected to sentencing errors that affected their substantial rights. Remands for further proceedings.

Indiana Court of Appeals
State of Indiana v. Frederick Obryan McFarland
18A-CR-2408
Criminal. Affirms the Vanderburgh Superior Court’s denial of the state’s motion to amend the habitual offender charging information against Frederick McFarland filed three calendar days before his trial on multiple charges related to a fatal car crash allegedly cause after McFarland fled an attempted traffic stop. Finds no abuse of discretion in the trial court’s ruling.

7th Circuit Court of Appeals
Alejandro Yeatts v. Zimmer Biomet Holdings, Inc.
19-1269
Appeal from the United States District Court for the Northern District of Indiana, South Bend Division. Magistrate Judge Michael Gotsch, Sr.
Civil. Affirms the Northern District Court’s denial of Alejandro Yeatts’ motion for partial summary judgment against Zimmer Biomet Holdings, Inc. Finds statements provided by Biomet that Yeatts was suspended in connection with a corruption investigation against Biomet is not actionable defamation. Also finds Yeatts’ inability to prove the statement false demonstrates that it is a statement of opinion, beyond the reach of defamation law.

Indiana Supreme Court
Rodney W. Falls v. State of Indiana
19S-CR-557
Criminal. Grants transfer to reaffirm that a charge of stalking may be supported by conduct that is continuous in nature, even if it is a single episode. Finds that Rodney Falls’ conduct of following a college student by vehicle for more than two hours met the statutory definition of “continuing” harassment, thereby supporting his conviction in Kosciusko Superior Court of Level 6 felony stalking. Affirms the Indiana Court of Appeals’ opinion in all other respects.

Indiana Court of Appeals
Pink A. Robinson v. State of Indiana (mem. dec.)
18A-CR-2218
Criminal. Affirms Pink Robinson’s aggregate 48-year sentence for conviction in Elkhart Circuit Court of three counts of Level 3 felony robbery with a deadly weapon. Finds his sentence is not inappropriate in light of his character.

Indiana Court of Appeals
Jimmy E. Crase v. State of Indiana (mem. dec.)
18A-CR-2423
Criminal. Affirms Jimmy E. Crase’s conviction of two counts of Class B felony child molestation. Finds there is sufficient to support Crase’s classification as a credit restricted felon.

Indiana Court of Appeals
Bart M. Betteau v. Robert Headrick and Karen Headrick (mem. dec.)
18A-MI-2610
Miscellaneous. Affirms the Floyd Superior Court’s ruling that Robert and Karen Headrick are owners of an easement allowing use of a gravel driveway that runs across Bart Betteau’s property. Finds the Headricks have a right to use the gravel driveway along the path it followed at the time the Headricks and Betteau took title to their respective properties. Also finds the trial court did not err in assessing the Headricks and Betteau each half the maintenance cost for the portion of the gravel driveway that is utilized by both parties.

Indiana Court of Appeals
James A. Ringley v. Caliber Home Loans, Inc. (mem. dec.)
19A-MF-782
Mortgage foreclosure. Affirms the Hamilton Superior Court’s order denying James Ringley’s motion to set aside the judgment entered in favor of Caliber Home Loans, Inc. Finds the trial court did not abuse its discretion when it denied Ringley’s motion to set aside the judgment in favor of Caliber.