Opinions

Indiana Supreme Court
In the Matter of Hilary Bowe Ricks
18S-DI-574
Attorney discipline. Suspends Hilary Bowe Ricks for at least two years without automatic reinstatement, effectively immediately. Finds Ricks violated Indiana Rules of Professional Conduct 1.3, 1.4(a)(3), 1.4(a)(4), 1.4(b), 1.16(d), 8.1(b) and 8.4(d) by neglecting clients’ cases and failing to cooperate with the disciplinary process. Justices Steven David and Geoffrey Slaughter concur and dissent in part without separate opinion, believing Ricks should be disbarred.

Indiana Court of Appeals
Flatrock River Lodge v. Morris Stout and Tonia Sue Stout
18A-CC-1919
Civil Collection. Reverses the Rush Circuit Court’s order denying Flatrock’s motion to execute its judgment lien on Morris Stout’s interest in 46 acres of real estate previously owned by second-generation owner Stout and third-generation owner Tonia, as joint tenants with right of survivorship. Finds that the appeal is not mooted by Morris’ death and that the real estate is not exempt from execution on the judgment lien.

Indiana Court of Appeals
Bryce A. Burton v. Martin Benner and Indiana State Police
19A-CT-135
Civil tort. Reverses the Benton Circuit Court’s grant of partial summary judgment in favor of Indiana State Police Trooper Martin Benner in Bryce A. Burton’s lawsuit arising from a personal injury motorcycle crash. Finds the trial court erred by finding as a matter of law that Benner was acting within the scope of his employment at the time of the crash. Remands for proceedings.

Indiana Court of Appeals
Cody A. Stinson v. State of Indiana
18A-CR-2925
Criminal. Affirms Cody Stinson’s conviction of Level 1 felony attempted murder, Level 5 felony battery with a deadly weapon and his adjudication as a habitual offender. Finds the Allen Superior Court did not abuse its discretion in admitting statements under the excited utterance exception to the rule against hearsay. Also finds the trial court did not abuse its discretion when it allowed the state to ask the victim leading questions during direct examination.

Indiana Court of Appeals 
Levon E. Coleman v. State of Indiana (mem. dec.)
18A-CR-2784
Criminal. Affirms Levon Coleman’s convictions of three counts of Level 6 felony fraud. Finds the Hamilton Superior Court did not abuse its discretion when it denied Coleman’s motion for a mistrial. Also finds there is sufficient evidence to support the conviction. 

Indiana Court of Appeals
Charles E. Bayne III v. State of Indiana (mem. dec.)
18A-CR-1290
Criminal. Affirms Charles E. Bayne III’s conviction of Level 2 felony voluntary manslaughter. Finds there is sufficient evidence to support Bayne’s conviction and to negate his claim of self-defense. Finds that even if the Lake Superior Court erroneously believed that Bayne’s firearm enhancement was non-suspendible, the same sentence would be imposed even if it believed that the enhancement was suspendible.

7th Circuit Court of Appeals 
United States of America v. Charles D. St. Clair
18-1933
Appeal from the U.S. District Court for the Northern District of Indiana, Fort Wayne Division. Chief Judge Theresa L. Springmann. 
Criminal. Affirms Charles St. Clair’s sentence that included 17 discretionary conditions placed on his supervised release. Finds St. Clair waived his right to challenge because he told the district court at his revocation hearing that he had received prior notice of the proposed conditions and discussed them with his counsel, and that he had no objections or questions about the conditions. 

The following 7th Circuit Court opinions were posted after IL deadline Wednesday.
USA v. John Buncich
18-1216
Appeal from the United States District Court for the Northern District of Indiana, Hammond Division. Judge James T. Moody.
Criminal. Reverses former Lake County Sheriff John Buncich’s convictions for three counts of wire fraud, but affirms two counts. Finds the Northern District Court’s error in the admission of the Rule 404(b) evidence is harmless. Remands for resentencing.

The following opinions were posted after IL deadline Tuesday
7th Circuit Court of Appeals
Paula Casillas v. Madison Avenue Associates, Inc
17-3162
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge William T. Lawrence.
Civil. Affirms the Southern District Court’s dismissal of Paula Casillas’ proposed class action alleging that Madison Avenue Associates, Inc. violated the Fair Debt Collection Practices Act by failing to inform Casillas that she must communicate in writing to trigger the statutory protections for verifying a debt. Finds that because Madison’s violation of the statute did not harm Casillas, no injury exists for a federal court to redress. Chief Judge Diane Wood and Circuit Judges Ilana Rovner and David Hamilton dissent from the denial of en banc rehearing of the ruling that creates a circuit split in conflict with a 6th Circuit ruling.

The following opinions were posted after IL deadline Monday.
7th Circuit Court of Appeals
Common Cause Indiana et al. v. Marion County Election Board
18-2735
Appeal from the U.S. District Court for the Southern District of Indiana, Indianapolis Division. Judge Sarah Evans Barker.
Civil. Vacates the consent decree that expanded the number of in-person early voting sites in Marion County. Finds both sides sought the same relief, a vacatur of the consent decree, after a shift in the county’s voting scheme replaced the precinct-based structure with a voting center plan. Remands to the district court with instructions to dismiss the case.  

Indiana Supreme Court
State of Indiana v. Ernesto Ruiz
19S-CR-336
Criminal. Grants transfer and affirms the grant of Ernesto Ruiz’s motion to suppress statements he made to police before being provided with his Miranda warnings. Finds there is substantial, probative evidence that Ruiz was in custody. Justice Mark Massa concurs in result without separate opinion. Justice Geoffrey Slaughter dissents, believing transfer should be denied, without separate opinion.

7th Circuit Court of Appeals
USA v. Devan Pierson 18-1112
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge James E. Shadid of the Central District of Illinois, sitting by designation.
Criminal. Affirms Devan Pierson’s life sentence and conviction for possessing drugs with intent to distribute and two related firearm crimes. Finds Pierson’s sentence was imposed within the meaning of Section § 401(c) of the First Step Act when the district court sentenced him, regardless of whether he appealed a sentence that was consistent with applicable law at that time it was imposed. Also finds Pierson’s Apprendi argument is foreclosed by Supreme Court precedent and finds no prejudice that would authorize an appellate court to find a reversible plain error in the absence of a timely objection in the district court.

7th Circuit Court of Appeals
Brian Weil v. Metal Technologies, Inc.
18-2440, 18-2556
Appeal from the United States District Court for the Southern District of Indiana, Terre Haute Division. Chief Judge Jane Magnus-Stinson.
Civil. Affirms in part the Southern District Court’s decertification order of Brain Weil and Melissa Fulk’s time-rounding claims against Metal Technologies, Inc. However, vacates in part the district court’s judgment on their wage-deduction claims and remands the case for the lower court to reconsider those claims in light of Indiana Code 22-2-6-3(b).

The following Indiana Supreme Court opinion was posted after IL deadline on Tuesday.
Anthony Bedolla v. State of Indiana
19S-PC-328
Post conviction. Reverses the Marion Superior post-conviction court’s order denying Anthony Bedolla’s motion to correct error. Remands for proceedings consistent with the opinion. Justice Geoffrey Slaughter concurs in part, dissents in part with a separate opinion.

Indiana Court of Appeals
Gary Police Civil Service Commission v. City of Gary
18A-MI-540
Miscellaneous. Affirms the Lake Circuit Court’s reversal of the Gary Police Civil Service Commission’s order for the city of Gary to reinstate Reserve Officer Lamarquist Pritchett. Finds the trial court did not commit reversible error in declining to defer to the commission’s findings. Also finds the trial court did not err in concluding the commission’s ruling was arbitrary and capricious because it was issued in disregard of the undisputed facts and circumstances. 

Indiana Court of Appeals 
In the Matter of the Involuntary Termination of the Parent-Child Relationship of: J.M. and E.M. (Minor Children), and J.K. (Mother) v. Indiana Department of Child Services (mem. dec.)
18A-JT-2868
Juvenile termination of parental rights. Affirms the termination of J.K.’s parental rights to two of her minor children, J.M. and E.M. Finds there is sufficient evidence to support the termination.

The following opinions were posted after IL deadline Wednesday.
7th Circuit Court of Appeals
Barrington Music Products, Inc v. Music & Arts Center
18-2945
Appeal from the United States District Court for the Northern District of Indiana, South Bend Division. Judge Robert L. Miller, Jr.
Civil. Affirms the Northern District Court’s denial of Barrington Music Products, Inc.’s Rule 59(e) motion to amend a prior award of damages in its favor stemming from sales made through Guitar Center stores to include sales from Music & Arts Centers and Woodwind & Brasswind Inc. of products using the trademark “Ventus.” Finds no reason to conclude the jury’s determination would be different if it were aware that Music & Arts and Woodwind are divisions of Guitar Center, not distinct corporations.

Indiana Court of Appeals
City of New Albany v. Board of Commissioners of the County of Floyd, New Albany Floyd County Indiana Building Authority
18A-MI-1627
Miscellaneous. Reverses the Floyd Superior Court’s entry of judgment in favor of Floyd County against the New Albany Floyd County Indiana Building Authority and the City of New Albany. Finds the Building Authority lacked the statutory authority to agree to a turn-over provision in the 1992 lease, making it void. However, finds the county can still exercise a purchase option pursuant to the lease. Remands with instructions for the trial court to vacate the order granting title to the Criminal Justice Center in the County. Judge Elaine B. Brown concurs in part and dissent in part in a separate opinion.

Indiana Court of Appeals
In the Matter of the Termination of the Parent-Child Relationship of: L.S. (Minor Child), and A.S. (Mother) v. The Indiana Department of Child Services
18A-JT-2881
Juvenile termination of parental rights. Affirms the termination of A.S.’s parent-child relationship with L.S. Finds the Union Circuit Court did not commit reversible error in the admission of evidence. Also finds the evidence was sufficient.

Indiana Court of Appeals
Christian Morris v. State of Indiana (mem. dec.)
18A-CR-2414
Criminal. Affirms Christian Morris’ conviction of Level 6 felony domestic battery and Class A misdemeanor criminal trespass. Finds there is sufficient evidence to support the convictions.