Opinions

7th Circuit Court of Appeals
USA v. Alandous Briggs
18-1415
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Tanya Walton Pratt.
Criminal. Reverses the U.S. District Court for the Southern District of Indiana’s application of a four-level enhancement on Alandous Briggs’ guilty plea to a charge of being a felon in possession of a firearm after drugs and firearms were found at his home during a parole visit. Finds no factual findings were made connecting Briggs’ firearms to his conviction for cocaine possession. Vacates his sentence and remands for resentencing consistent with the opinion.

Indiana Court of Appeals
Rosemary Quillen, as Personal Representative of Patricia Cook, Deceased v. Anonymous Hospital and Anonymous Physicians A, B, and C
18A-CT-2743
Civil tort. Affirms the Porter Superior Court’s dismissal of Rosemary Quillen’s proposed medical malpractice complaints. Finds Quillen is not entitled to relief and that the trial court did not commit error in finding dismissal was the appropriate sanction for her failure to comply with the medical review panel chair’s schedule for submission of evidence.

Indiana Court of Appeals
B.D. v. Indiana University Health Bloomington Hospital
18A-MH-2672
Mental health. Affirms the Monroe Circuit Court’s order temporarily committing B.D. to Indiana University Health Bloomington Hospital for no more than 90 days. Finds the trial court’s order finding B.D. was a danger to herself and authorizing IU Health to medicate her was supported by clear and convincing evidence.

Indiana Court of Appeals
Indiana REMS, LLC v. Brock H. Medsker (mem. dec.)
18A-PL-1704
Civil plenary. Reverses the Marion Superior Court’s grant of summary judgment to Brock Medsker. Finds the trial court erred in granting summary judgment in favor of Medsker on Indiana REMS, LLC’s counterclaim for mutual mistake of fact. Finds genuine issues of material fact remain regarding REMS’ counterclaim for mutual mistake of fact. Remands for further proceedings.

7th Circuit Court of Appeals
United States of America v. Geraldo Colon
18-1233
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Chief Judge Jane Magnus-Stinson.
Criminal. Affirms Geraldo Colon’s money laundering convictions and the application of leadership enhancements to his advisory sentencing range. Finds the government’s evidence was sufficient to support the money laundering convictions. Also finds the district court erred in applying leadership enhancements, but those errors were harmless.

Indiana Court of Appeals 
David Hooker v. State of Indiana
18A-PC-2318
Post-conviction. Affirms the Vanderburgh Circuit Court’s denial of David Hooker’s petition for post-conviction relief on his conviction of Class C felony burglary. Finds Hooker failed to establish that the post-conviction court’s judgment was clearly erroneous. Judge L. Mark Bailey dissents witha separate opinion, finding Hooker’s plea was unreliable as a matter of law. 

Indiana Court of Appeals
Andrew Lee Swain v. State of Indiana (mem. dec.)
18A-CR-1838
Criminal. Affirms Andrew Swain’s aggregate six-year sentence following the revocation of his probation and his guilty plea to Level 5 felony escape and Level 6 felony unlawful possession of a syringe. Finds the sentence is not inappropriate in light of the nature of the offenses and his character. Finds the Grant Superior Court did not abuse its discretion in not finding Swain’s mental illness to be a mitigating factor.

7th Circuit Court of Appeals
Ja’Lin Williams v. Norfolk Southern Corporation and Norfolk Southern Railway Company
18-2517
Appeals from U.S. District Court for the Northern District of Indiana, Hammond Division
Magistrate Judge John E. Martin
Civil tort. Affirms grant of summary judgment to Norfolk Southern Corp. and Norfolk Southern Railway Co. Finds Ja’Lin Williams was more than 50 percent at fault for the injuries he sustained after running in front of a Norfolk train. Video evidence contradicted Williams’ testimony that the train was not sounding its horn or bells, did not have its light on and the warning signals were not flashing. Also cites Indiana law that a train operator has no duty to reduce a train’s speed if he sees a person crossing the tracks. 

Indiana Court of Appeals 
Dina Hasten Cohen v. Itamar Cohen
18A-DR-2139
Domestic relation. Affirms the Marion Superior Court’s order dissolving Dina Hasten Cohen’s marriage to Itamar Cohen and the distribution of assets of the marital estate between them. Finds the trial court did not abuse its discretion in failing to include an award of interest in the equalization payments the court ordered Itamar to pay to Dina.

7th Circuit Court of Appeals 
Trustees of Indiana University, et al. v. Terry Curry and Christopher Gaal
18‐1146, 18‐1247 and 18‐1308
Appeal from the District Court for the Southern District of Indiana, Indianapolis Division, Chief Judge Jane Magnus-Stinson.
Civil. Reverses an injunction against an Indiana law restricting the sale, transfer, receipt and acquiring of aborted fetal tissue. Majority judges Frank Easterbrook and Michael Scudder found the statute was not unconstitutionally vague. Judge David Hamilton dissented and would have affirmed the district court.

Indiana Court of Appeals
Melba Polk-King v. Discover Bank
18A-SC-1772
Small claims. Reverses the reinstatement of Discover Bank’s small claims action against Melba Polk-King, which was dismissed for failure to prosecute. Finds the small claims court abused its discretion by granting Discover’s motion and reinstating the action against Polk-King three years after the complaint had been filed and two years after the matter had been sent to arbitration. Remands for the court to vacate its confirmation of a subsequent arbitration award and dismiss the case with prejudice.

Indiana Court of Appeals
Michael R. Jent v. State of Indiana
18A-PC-785
Post conviction. Affirms the Allen Superior Court’s order denying Michael Jent’s petition for post-conviction relief. Finds Jent failed to show the post-conviction court erred in denying his petition and that his petition was unreasonably delayed.

Indiana Court of Appeals
Carmel Board of Zoning Appeals, and Al-Salam Foundation, Inc. v. David Bidgood, Sheila M. Graves, Salvatore Papalardo, David J. Reeves, and Angelo R. Stanco
18A-MI-2098
Miscellaneous. Reverses the Hamilton Superior Court’s denial of the Carmel Board of Zoning Appeals and Al-Salam Foundation’s motion to dismiss David Bidgood, Sheila M. Graves, Salvatore Papalardo, David J. Reeves, and Angelo R. Stanco’s petition for judicial review of the board’s grant a special use zoning permit to the foundation. Finds the remonstrators failed to timely file the board record or request an extension of time for filing pursuant to Indiana Code section 36-7-4-1600.

Indiana Court of Appeals
In re the Paternity of W.R.H. Casie N. Wheeler v. William Jesse Hinshaw
18A-JP-1770
Juvenile paternity. Reverses modification of custody ordered by Hamilton Superior Court, awarding sole legal custody of W.R.H. to William Jesse Hinshaw. Majority holds that because Indiana Code section 31-17-2.2-1 does not place legal custody at issue any time there is a hearing regarding a proposed relocation, legal custody was not at issue at the hearing, and the trial court erred by ordering the modification. Judge Terry Crone dissents with separate opinion and would affirm the trial court’s award of sole legal custody to father.

Indiana Supreme Court
Marcus Zanders v. State of Indiana
15S01-1611-CR-571
Criminal. Affirms Marcus Zanders’ convictions of two counts of robbery with a deadly weapon and two counts of unlawful possession of a firearm by a serious violent felon. Finds that accessing Zanders’ cell-site location information was a Fourth Amendment search under Carpenter v. United States, 585 U.S. —, 138 S. Ct. 2206 (2018), but even if the CSLI evidence should have been excluded, the error was harmless beyond a reasonable doubt.

Indiana Court of Appeals
Chaz Colin Kruger v. State of Indiana (mem. dec.)
18A-CR-1144
Criminal. Affirms Chaz Kruger’s aggregate 12-year sentence for conviction of Level 4 felony burglary, Level 6 felony residential entry, Level 6 felony attempted residential entry, and Class A misdemeanor theft. Finds the Tippecanoe Superior Court did not abuse its discretion in sentencing Kruger. Finds his sentence is not inappropriate in light of the nature of his offense and his character.

Indiana Court of Appeals
In the Termination of the Parent-Child Relationship of: S.S. (Minor Child) and L.M. (Mother) and Sa.S. (Father) v. The Indiana Department of Child Services
18A-JT-2370
Juvenile Termination. Affirms the termination of L.M. and Sa.S.’s parental rights to their child, S.S. Finds the White Circuit Court did not err in terminating either mother or father’s parental rights. Finds the juvenile court did not err in its determination of S.S.’s best interests.

Indiana Supreme Court 
Angelo Bobadilla v. State of Indiana
19S-PC-128
Post-conviction. Reverses the denial of deported immigrant Angelo Bobadilla’s petition for post-conviction relief alleging his trial counsel was ineffective for failing to properly advise him of the immigration consequences of a misdemeanor guilty plea. Finds Bobadilla’s trial counsel was ineffective, and Bobadilla was prejudiced by his counsel’s performance. Also finds the record shows a reasonable probability that had Bobadilla known the full immigration consequences of his plea agreement, he would have rejected the plea bargain and instead insisted on going to trial. Remands for further proceedings. Justice Mark Massa dissents with separate opinion joined by Justice Geoffrey Slaughter. 

Indiana Court of Appeals
FMS Nephrology Partners North Central Indiana Dialysis Centers, LLC v. Meritain Health, Inc., et al.
18A-PL-1349
Civil plenary. Affirms the St. Joseph Superior Court’s award of summary judgement in favor of Meritain Health, Inc., Beacon Health System, Inc., Beacon Health System Group Benefit Plan, Beacon Health System Group Benefit Plan – Union Plan, University of Notre Dame Du Lac, University of Notre Dame CHA HMO Plan (Medical), University of Notre Dame Select HMO Plan (Medical), and University of Notre Dame PPO Plan (Medical). Finds breach of contract and promissory estoppel claims presented by FMS Nephrology Partners North Central Indiana Dialysis Centers, LLC, are pre-empted under the Employee Retirement Income Security Act. Concludes summary judgment was properly awarded to the Beacon Health and Notre Dame plans.

The following 7th Circuit Court of Appeals opinion was posted after IL deadline Thursday.
David Jones v. Dushan Zatecky
17-2606
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Richard L. Young.
Civil. Vacates the district court’s denial of David Jones’ petition for writ of habeus corpus. Finds Jones is entitled to the issuance of a writ of habeas corpus under 28 U.S.C. § 2254, based on his attorney’s failure to object to an untimely amendment to his conviction for criminal confinement. Remands with instructions to issue the writ within 120 days with respect the criminal confinement conviction and to make any necessary adjustments to Jones’ sentence on the two unchallenged counts of conviction. Circuit Judge Manion dissents in a separate opinion.