Indiana Court of Appeals
Termination: J H, et al. v. Child Advocates Inc, et al.
19A-JT-01549
Juvenile termination. Affirms the Marion Superior Court’s termination of J.H. and W.D.’s parental rights to their minor child, C.D. Finds the trial court did not clearly err in determining that there was sufficient evidence to support the termination of parental rights. Finds their right to consent to C.D.’s adoption was rightly terminated.
Indiana Court of Appeals
Stephen W. Peele v. State of Indiana
19A-CR-1775
Criminal. Reverses the dismissal of Stephen Peele’s petition for removal from the Indiana Sex Offender Registry. Finds the Marion Superior Court erred in dismissing Peele’s petition, finding Peele properly brought his petition for removal within a criminal cause in a qualifying court. Remands with instructions to the trial court to consider the merits of Peele’s petition.
The following 7th Circuit Court of Appeals opinions were posted after IL deadline Wednesday:
United States of America v. Jose Trinidad Garcia, Jr., and Alfonso Pineda-Hernandez, also known as Flaco
18-1890, 18-2261
Appeals from the United States District Court for the Southern District of Indiana, Indianapolis Division. Chief Judge Jane Magnus-Stinson
Criminal. Reverses the 20-year mandatory minimum sentence for Jose Garcia after he pleaded guilty to a drug-dealing conspiracy count, finding the predicate Indiana offense used to enhance his sentence does not qualify as a federal drug offense. Remands for resentencing. Affirms the 25-year sentence imposed on Alfonso Pineda-Hernandez after he was found guilty on two trafficking charges, finding no error in his sentencing or conviction.
Indiana Court of Appeals
First Chicago Insurance Company v. Candace Collins, et al.
19A-PL-02000
Civil plenary. Finds the Marion Superior Court did not abuse its discretion in granting Robin Dunn’s motion for relief from default judgment, as Dunn showed a meritorious defense and misconduct of an adverse party under Trial Rule 60(B)(3). Reverses the order requiring that First Chicago Insurance Company make up to $25,000 available for Dunn’s claims. Remands for proceedings.
Indiana Court of Appeals
Aquatherm GmbH v. Renaissance Associates I Limited Partnership
19A-PL-981
Civil plenary. Affirms in an interlocutory appeal the Lake Superior Court’s denial of Aquatherm GmbH’s motion to dismiss for lack of personal jurisdiction in a case brought against it by Renaissance Associates I Limited Partnership. Finds GmbH’s contacts are not sufficient to confer general personal jurisdiction, but Indiana’s exercise of specific personal jurisdiction over GmbH would be fair and comport with federal due process requirements.
The following 7th Circuit Court of Appeals opinions were posted after IL deadline Friday.
Thomas Censke v. USA
18-2695
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Tanya Walton Pratt.
Civil. Reverses the holding that Thomas Censke’s administrative complaint under the Federal Tort Claims Act was not filed until it was received and therefore untimely. Finds the prison mailbox rule applies to a prisoner’s administrative complaint under the Federal Tort Claims Act and that mail is filed upon being placed in the prison’s mail. Thus, finds Censke’s claim was timely filed.
Indiana Court of Appeals
Shannon Gehlhausen, et al. v. Indiana Foundation Service, Inc.
19A-CT-00842
Civil tort. Affirms the Hamilton Superior Court’s grant of summary judgment to Indiana Foundation Service, Inc. Finds Shannon and Brandon Gehlhausen have failed to present a different account of events that would require a resolution by a trier of fact.
7th Circuit Court of Appeals
Judy Prater v. Andrew Saul
19-2263
Appeal from the United States District Court for the Northern District of Indiana, Fort Wayne Division. Judge William C. Lee.
Civil. Affirms the denial of Judy Prater’s request for Social Security disability insurance benefits based on a variety of her mental and physical impairments. Finds that the sit/stand limitation in Prater’s residual functional capacity assessment specifies that Prater may change positions as needed so long as she remains in position for at least 30 minutes at a time. Finds the RFC formulation as not vague and that the decision is supported by substantial evidence.
Indiana Court of Appeals
Kroger Limited Partnership I v. Ruth Lomax
19A-CT-1201
Civil tort. Affirms the Marion Superior Court’s denial of Kroger Limited Partnership I’s motion for summary judgment against Ruth Lomax based on now-withdrawn admissions in a negligence case case. Finds, sua sponte, that Kroger failed to timely obtain certification of the trial court’s orders granting Lomax additional time to respond to Kroger’s request for admissions and deeming her subsequently filed response as timely. Also finds the trial court properly denied Kroger’s motion for summary judgment.
Indiana Court of Appeals
Malik Gardner v. State of Indiana (mem. dec.)
19A-CR-798
Criminal. Affirms Malik Gardner’s convictions in St. Joseph Superior Court of Level 6 felony counterfeiting and Class A misdemeanor resisting law enforcement. Finds the evidence was sufficient to support his conviction.
7th Circuit Court of Appeals
Shanika Day v. Franklin Wooten
19-1930
Appeal from the U.S. District Court for the Southern District of Indiana, Indianapolis Division. Judge Tanya Walton Pratt.
Civil tort. Reverses the denial of qualified immunity to Indianapolis Metropolitan Police Officer Randall Denny and Indianapolis Metropolitan Police Sgt. Franklin Wooten. Finds the officers’ conduct in placing Terrell Day in handcuffs did not violate the teenager’s Fourth Amendment rights even though he complained of not being able to breathe and eventually died in custody. The autopsy report concluded Day’s death was caused in part by having his hands cuffed behind his back, but the appellate panel ruled there is no precedent giving an arrestee the right to not have his hands cuffed behind his back after he complains of difficulty breathing. Remanded for further proceedings.
Indiana Supreme Court
In the Matter of the Adoption of C.A.H., A.C.S. (Father) v. R.S.E. and R.K.E. (Grandparents)
20S-AD-5
Adoption. Reverses the Morgan Superior Court’s finding that father’s consent was irrevocably implied in the adoption matter. Remands for a hearing on the merits of his motion to contest the adoption of his child. Finds a parent’s implied consent to the adoption of a child may not be based solely on the parent’s failure to appear at a single hearing.
Indiana Court of Appeals
MGPI of Indiana, LLC v. South Dearborn Regional Sewer District
19A-PL-393
Civil plenary. Affirms the Dearborn Circuit Court’s order upholding the District Authority of Dearborn County’s ruling that upheld the adoption of a rate-setting ordinance by the South Dearborn Regional Sewer District. Finds there was a rational basis for the District Authority to uphold the ordinance and for the trial court to affirm its ruling against the challenge brought by MGPI of Indiana.
The following 7th Circuit Court of Appeals opinion was posted after IL deadline Tuesday:
United States of America v. Alex Guerrero
19-1676
Appeal from the United States District Court for the Northern District of Indiana, Hammond Division. Chief Judge Theresa Springmann.
Criminal. Vacates the Indiana Northern District Court’s denial of former police officer Alex Guerrero’s 2018 motion under 18 U.S.C. § 3582(c)(2) for a reduced sentence. Finds Guerrero is entitled to but has not received an opportunity for full consideration of the merits of his request. Remands for proceedings consistent with the opinion.
Indiana Court of Appeals
Kay Kim and Charles Chuang v. David L. Gadis and Ylanda D. Gadis (mem. dec.)
19A-CT-1861
Civil tort. Affirms the Marion Superior Court’s grant of summary judgment to David and Ylanda Gadis against Kay Kim and Charles Chuang. Finds the trial court correctly granted summary judgment. Also finds Kim and Chuang’s appellate brief is “littered with frivolous, nonsensical arguments and scandalous, impertinent and racist statements,” while their appendix “is generally useless and does not contain the summary judgment pleadings and designated evidence” filed by Kim and Chuang. Finally, sua sponte finds appellate attorney fees are warranted under Indiana Appellate Rule 66(E). Remands for the trial court to calculate the Gadis’ reasonable appellate attorney fees and order Kim and Chuang to pay them.
Indiana Court of Appeals
Marcus Lee McCain v. State of Indiana
19A-CR-1113
Criminal. Affirms and reverses in part Marcus McCain’s enhanced 45-year sentence for his conviction of voluntary manslaughter. Finds the Lake Superior Court did not err in imposing a firearm enhancement. Also finds the trial court’s description of the killing of Marcel Harris was directly at odds with the jury’s finding of sudden heat and therefore was an improper aggravator as a matter of law. Remands with instructions for the trial court to sentence McCain to 35 years – 25 years for voluntary manslaughter enhanced by 10 years for using a firearm. Judge Elizabeth Tavitas concurs in part and dissents in part with separate opinion.
Indiana Court of Appeals
K.H. v. Ki. H. by Child’s Next Friend N.D. (mem. dec.)
19A-PO-1558
Protective order. Reverses the Monroe Circuit Court’s grant of a protective order requested for child Ki.H. by next friend and mother N.D. against father K.H. Finds the trial court did not make findings to support its conclusion that a protective order should be issued.
Indiana Court of Appeals
Progressive Southeastern Insurance Co. v. Gregory Smith and Nolan Clayton, and Erie Insurance Group, Brackett Restaurant Group, LLC, d/b/a Stacked Pickle, and Allstate Insurance Company
19A-PL-1094
Civil plenary. Reverses the Marion Superior Court’s order granting Gregory Smith’s motion to dismiss a declaratory judgment action and the order denying Progressive Southeastern Insurance Co.’s request for judgment on the bodily injury coverage and duty to defend declarations. Finds Progressive is entitled to judgement as a matter of law. Remands with instructions to declare that Smith is not entitled to bodily injury liability coverage under the policy and that Progressive does not have a duty to defend or indemnify Nolan Clayton; to deny Clayton’s motion for declaratory judgment; and to enter final judgement for Progressive.
Indiana Court of Appeals
Bayer Corporation, et al. v. Rene Leach, et al.
19A-CT-00625
Civil tort. Affirms the Marion Superior Court’s denial of Bayer Corporation’s motion for judgment on the pleadings against Rene Leach and 30 other women who allege they were injured by a medical device manufactured by Bayer. Finds the trial court did not err in declining to enter judgment on the pleadings.
7th Circuit Court of Appeals
Thomas Dennis Jr. v. Niagara Credit Solutions, Inc., et al.
19-1654
Appeal from the US District Court for the Southern District of Indiana, New Albany Division. Judge Richard L. Young.
Civil. Affirms judgment on the pleadings in favor of Niagara Credit Solutions defendants on Thomas Dennis Jr.’s complaint alleging violation of the Fair Debt Collection Practices Act. Finds the claims raised by Dennis meritless.