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.
Indiana Court of Appeals
Shane E. O’Keefe v. State of Indiana
19A-CR-1733
Criminal. Affirms Shane E. O’Keefe’s convictions of Level 4 felony possession of methamphetamine and Class C misdemeanor possession of paraphernalia. Finds the pat-down search of O’Keefe’s person during a valid traffic stop was not a violation of the Fourth Amendment. Also finds the Vanderburgh Circuit Court did not abuse its discretion in admitting evidence obtained as a result of the search.
Indiana Court of Appeals
Joann G. Sartain, by and through her attorney-in-fact, Cindy Harding v. Trilogy Healthcare of Hamilton II, LLC d/b/a Prairie Lakes Health Campus
19A-PL-1567
Civil plenary. Dismisses Joann G. Sartain’s lawsuit, finding that because she explicitly stipulated to the dismissal of the suit in its entirety in Hamilton Superior Court, there is no final judgment, and that the Indiana Court of Appeals therefore lacks jurisdiction.
Indiana Court of Appeals
Antonio Buford v. State of Indiana
19A-CR-956
Criminal. Vacates the Marion Superior Court’s contempt finding against Antonio Buford on double jeopardy concerns but affirms his 2 ½ – year sentence in community corrections for his conviction of domestic battery. Finds no abuse of the trial court’s discretion in its sentencing of Buford.
Indiana Court of Appeals
Jonathan Stanley Belcher v. State of Indiana
19A-CR-00830
Criminal. Affirms Jonathan Belcher’s guilty but mentally ill convictions for two counts of Level 3 felony aggravated battery and one count each of Class B misdemeanor battery and Class A misdemeanor resisting law enforcement, the finding that he is a habitual offender, and his aggregate 53-year-and-180-day sentence. Finds sufficient evidence that Belcher appreciated the wrongfulness of his actions. Also finds no abuse of discretion at sentencing. Finally, finds the sentence is not inappropriate given the nature of his offenses and his character.
Indiana Supreme Court
American Consulting, Inc. d/b/a American Structurepoint, Inc. v. Hannum Wagle & Cline Engineering, Inc., d/b/a HWC Engineering, Inc., Marlin A. Knowles, Jr., Jonathan A. Day, David Lancet, et al.
18S-PL-437
Civil plenary. Affirms the Marion Superior Court, finding it properly denied summary judgment on American Structurepoint, Inc.’s claims of tortious interference and that an issue of material fact remains as to whether Marlin Knowles, Jonathan Day and David Lancet tortiously interfered with their ASI contracts. Holds that the liquidated damages provisions are unenforceable penalties. Remands. Justice Geoffrey Slaughter concurs in part, dissents in part with separate opinion in which Justice Mark Massa joins.
7th Circuit Court of Appeals
Timothy Johnson v. Michael Rogers
19-1366
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Chief Judge Jane Magnus Stinson.
Civil. Affirms the Southern District Court’s finding that police officer Michael Rogers is entitled to qualified immunity. Finds Rogers did not kick Timothy Johnson or otherwise harm him after he was on the ground and that Rogers used his legs to undermine Johnson’s balance and force him down. Also finds Johnson was not under control at the time of the incident and that Rogers’ act was an attempt to regain control.
Indiana Court of Appeals
Tyler Miller v. State of Indiana
19A-CR-768
Criminal. Affirms Tyler Miller’s aggregate 72-year sentence for his convictions of murder, Level 5 felony attempted robbery and Level 3 felony robbery. Finds the sentence is not inappropriate in light of the nature of the offenses and his character. Also finds Indiana Code § 35-50-1-2(c) and (d) do not prohibit the Marion Superior Court’s sentence under Count III, attempted robbery. Remands with instructions to enter an amended sentencing order and abstract of judgment which reflect Miller’s conviction for Level 5 felony attempted robbery under Count III.
Indiana Court of Appeals
James Ketchum v. State of Indiana
19A-CR-1341
Criminal. Affirms the denial of James Ketchum’s motion to modify his 12-year sentence, with six years suspended, for conviction of Level 3 felony aggravated battery, to be served consecutively to his two-year sentence for Level 6 felony intimidation in a separate cause. Finds the Rush Circuit Court did not err in denying Ketchum’s motion to modify his sentence because he did not have consent from the prosecuting attorney to file it.
Indiana Court of Appeals
Old Plank Trail Community Bank, N.A. v. Mattcon General Contractors, Inc. (mem. dec.)
19A-PL-1033
Civil plenary. Affirms the Marshall Circuit Court’s denial of Old Plank Trail Community Bank’s motion to correct error on a ruling that Old Plank waived its right to set-off the garnished funds of its account holder, Mattcon General Contractors. Finds the court did not abuse its discretion in entering a final order in garnishment.