Opinions

Indiana Court of Appeals
Jim Brugh v. James L. Sailors, Cass County Commission, et al.
18A-PL-2730
Civil plenary. Affirms and reverses in part the Cass Superior Court’s determination that the City of Logansport had complied with an agreed judgment between the city, county and Jim Brugh concerning a Logansport war memorial. Finds the city did not comply with a section of the agreed judgment holding that it would execute a deed of dedication transferring the memorial jointly to itself and the county, expressly referring to its dedication and preservation as a war memorial pursuant to Indiana Code §§ 10-18-4-2(b)(3) and 10-18-4-12. Also finds Brugh wholly failed to prove the Cass County Council acted in contempt. Finally, finds the Cass County Council acted within its authority as the fiscal branch of county government and did not willfully disobey the agreed judgment. Remands for further proceedings regarding the enforcement of the deed provision of the agreed judgment.

Indiana Court of Appeals
Ryan Baxter v. State of Indiana
18A-CR-2050
Criminal. Affirms Ryan Baxter’s conviction of Level 1 child molesting, finding the Elkhart Superior Court did not err in admitting a medical report, and the victim’s testimony was not incredibly dubious.

7th Circuit Court of Appeals
USA v. Joshua Herman
18-3057
Appeal from the United States District Court for the Northern District of Indiana, Hammond Division.
Senior Judge James T. Moody.
Criminal. Majority led by Chief Judge Diane Wood denies en banc review, reverses and remands for resentencing of Joshua Herman on a charge of felon in possession of a firearm. Holds that the act of pointing a gun and ordering someone still, by itself, is not “physical restraint” under federal sentencing guidelines. Judges Joel Flaum and Michael Kanne dissent and would grant en banc review, and would find that the action of pointing a gun and ordering compliance is physical restraint. Judge William Bauer would affirm Herman’s 10-year sentence, with the physical restraint enhancement, for the reasons spelled out in Flaum’s dissent. Noting a now 5-4 circuit split on the conflicting views on the meaning of U.S.S.G. § 2B3.1(b)(4)(B), orders the Clerk of Court to send this opinion to the U.S. Sentencing Commission for its consideration.

Indiana Court of Appeals
Jesse L. Smith v. State of Indiana
18A-CR-2597
Criminal. Affirms Jesse Smith’s conviction of Level 6 felony criminal recklessness, finding no double-jeopardy violation. Finds the actual evidence presented at trial in Vigo Superior Court supports separate convictions of Level 6 felony criminal recklessness and Level 3 felony attempted aggravated battery.

The following 7th Circuit Court of Appeals opinion was posted after IL deadline Monday:
American Homeland Title Agency, Inc., John Yonas, and Martin Rink v. Stephen W. Robertson, Commissioner of the Indiana Department of Insurance
18-3293
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Senior Judge Sarah Evans Barker.
Civil plenary. Affirms summary judgment for Stephen Robinson and the Indiana Department of Insurance on American Homeland’s suit alleging the department discriminated against it for the loss of its licenses for its out-of-state residency. Finds that because American Homeland surrendered its licenses in its agreement with the department and has provided no valid reason to void that agreement, judicial review is unavailable.

Indiana Court of Appeals
River Ridge Development Authority v. Outfront Media, LLC, David Watkins, No Moore, Inc., The Schlosser Family Limited Partnership, The Town of Utica, and the Utica Board of Zoning Appeals
18A-PL-2347
Civil plenary. Reverses an order of the Clark Circuit Court requiring River Ridge Development Authority to pay a total of $237,440 in attorney fees to opposing parties. Holds that the trial court’s findings of fact were clearly erroneous, therefore nullifying its conclusions of law that River Ridge owed any attorney fees.

7th Circuit Court of Appeals
Oliver Collins v. University of Notre Dame Du Lac
18-2579, 18-2559
Appeals from the United States District Court for the Northern District of Indiana, South Bend Division. Judge Joseph S. Van Bokkelen.
Civil. Reverses the Northern District Court’s grant of summary judgment and award of $501,367 in damages to former Notre Dame professor Oliver Collins following his guilty plea to a federal felony charge for theft of government grant funds. Finds Collins’ contract with Notre Dame did not prohibit one faculty member from participating in informal mediation and then serving on the hearing committee in Collins’ case. Finds the facts show “serious cause” sufficient to warrant Collins’ dismissal. Remands for the trial court to award Notre Dame judgment.

Indiana Court of Appeals
Matthew Purnell v. Kayla Purnell
19A-JP-162
Juvenile paternity. Affirms the award of sole legal and primary physical custody of S.P. to Kayla Purnell. Finds that although the Johnson Circuit Court abused its discretion in considering Matthew Purnell’s active duty status in the United States Air Force, the remaining findings of fact and conclusions thereon are sufficient to support the grant of sole legal custody and primary physical custody to Kayla.

Indiana Court of Appeals
Damian Justin Harris v. State of Indiana (mem. dec.)
18A-PC-1835
Post conviction. Affirms the denial of Damian Harris’ petition for post-conviction relief. Finds the Allen Superior Court did not err in rejecting his claim of ineffective assistance of trial counsel.

Indiana Court of Appeals 
Indiana Alcohol and Tobacco Commission and PNC Bancorp, LLC (mem. dec.)
18A-MI-2522
Miscellaneous. Reverses the Marion Superior Court’s denial of the Indiana Alcohol and Tobacco Commission’s motion to dismiss PNC Bancorp, LLC’s amended petition for judicial review. Finds PNC’s failure to timely file the agency record precludes judicial review of the commission’s decision. Remands for further proceedings consistent with the opinion.