Opinions

Indiana Court of Appeals
City of Gary Police Civil Service Commission v. Raymond Robinson
45A05-1706-PL-1414
Civil plenary. Affirms the denial of the City of Gary Police Civil Service Commission’s motion to dismiss Raymond Robinson’s petition for judicial review and the trial court’s admission of evidence on summary judgment. Reverses the entry of summary judgment for Robinson. Finds the Lake Superior Court did not err when it denied the motion to dismiss. Also finds the commission did not preserve for appellate review its claim that the trial court considered inadmissible evidence on summary judgment. Finally, finds the trial court erred in entering summary judgment for Robinson. Remands for further proceedings.

Indiana Court of Appeals
In re the Termination of the Parent-Child Relationship of D.P., K.P., and M.P. (Minor Children), and J.P. (Mother) v. The Indiana Department of Child Services (mem. dec.)
53A01-1709-JT-2144
Termination of parental rights. Affirms the termination of J.P.’s parental rights to her children D.P., K.P. and M.P. Finds the Indiana Department of Child Services established by clear and convincing evidence the requisite statutory elements to support the termination decision.

The following Indiana Supreme Court opinion was posted after IL deadline Thursday:

Elizabeth Roumbos v. Samuel G. Vazanellis & Thiros and Stracci, PC
45S03-1710-CT-635
Civil tort. Reverses the grant of summary judgment to Samuel G. Vazanellis and Thiros and Stracci, P.C. on Elizabeth Roumbos’ legal malpractice claim. Finds Vazanellis and the law firm failed to negate the causation element of Roumbos’ malpractice claim by failing to establish as a matter of law that Roumbos would not have succeeded in her premises liability claim. Remands.

Indiana Supreme Court
Kristopher L. Weida v. State of Indiana
79S02-1711-CR-687
Criminal. Affirms and reverses in part probation conditions imposed on Kristopher Weida after he was convicted of incest with his teenage niece. Finds the probation condition restricting Weida from accessing websites “frequented by children” is not vague, unreasonable or unduly intrusive on Weida’s constitutional rights. Also finds the probation condition prohibiting Weida from accessing the Internet without approval from his probation officer is unreasonable because it does not reasonably relate to his rehabilitation and to protecting the public. Remands for further proceedings.

Indiana Court of Appeals
Stephen Wirthlin v. State of Indiana
24A01-1711-CR-2662
Criminal. Reverses the denial of Stephen Wirthlin’s motion to withdraw his guilty plea to Level 6 felony charges of possession of methamphetamine and dealing in a synthetic drug or synthetic drug lookalike. Finds Wirthlin did not knowingly, intelligently and voluntarily waive his right to counsel at the initial or guilty plea hearings. Remands with instructions to withdraw Wirthlin’s guilty plea and vacate his conviction and sentence of two years, with 16 months suspended to probation, and for further proceedings.

7th Circuit Court of Appeals
Kelly Jean Linderman v. U.S. Bank National Association
17-1770
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Larry J. McKinney.
Civil. Affirms the district court’s judgment in favor of U.S. Bank National Association on Kelly Jean Linderman’s claim under the Real Estate Settlement Procedures Act. Finds U.S. Bank did not violate the act.

Indiana Court of Appeals

K.K. v. State of Indiana
49A02-1710-JV-2274
Juvenile. Affirms K.K.’s adjudication as a juvenile delinquent for committing acts that would be Level 4 felony burglary and Level 6 felony theft if committed by an adult. Finds the Marion Superior Court did not abuse its discretion in admitting fingerprint evidence.

Indiana Court of Appeals
U.S. Bank Trust, N.A., as Trustee for LSF9 Master Participation Trust v. Delphine D. Spurgeon, Co-Trustee of the Spurgeon Family Trust
36A01-1711-MF-2521
Mortgage foreclosure. Reverses the dismissal of U.S. Bank, N.A.’s complaint for foreclosure. Finds U.S. Bank did not fail to comply with Indiana Trial Rule 9.2(A) or fail to state a claim upon which relief could be granted. Also finds U.S. Bank has established its security interest in the property subject to the mortgage. Remands with instructions to grant U.S. Bank’s request for default judgment.

Indiana Court of Appeals
Town of Brownsburg, Indiana, Town Council of Brownsburg, Indiana, and Jeanette M. Brickler v. Fight Against Brownsburg Annexation, et al.
32A01-1702-PL-215
Civil plenary. Affirms the entry of judgment against the Town of Brownsburg, the Brownsburg Town council and Jeanette M. Brickler and in favor of Fight Against Brownsburg Annexation. Finds the Hendricks Superior Court did not err in holding that Brownsburg failed to meet the “needed and can be used” requirement of Indiana Code section 36-4-3-13(c).

The following 7th Circuit Court of Appeals decision was posted after IL deadline Tuesday:
LeeAnn Brock-Miller v. United States of America
16-3050
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Sarah Evans Barker.
Civil. Reverses the denial of LeeAnn Brock-Miller’s motion under 28 USC section 2255 challenging her conviction of conspiracy to possess with intent to distribute heroin. Finds Brock-Miller’s 2008 conviction did not qualify as a felony drug offense subjecting her to a recidivist enhancement. Also finds Brock-Miller has presented sufficient evidence to justify a hearing on both deficient performance and prejudice under Strickland v. Washington, 466 U.S. 668 (1984). Remands for a hearing on Brock-Miller’s motion.

Indiana Court of Appeals
In Re the Marriage of: William Lynch v. Lisa Lynch, and State of Indiana (mem. dec.)
29A02-1710-DR-2484
Domestic relation. Affirms the modification of William Lynch’s child support obligation. Finds the Hamilton Superior Court did not err when it calculated Lynch’s current child support obligation or when it made the modification of child support retroactive to the date he filed his motion for modification.

Indiana Court of Appeals

Xavia Fox v. State of Indiana (mem. dec.)
49A04-1709-CR-2183
Criminal. Affirms and reverses in part Xavia Fox’s convictions of driving while suspended and operating a motor vehicle having never received a license, both elevated to Class A misdemeanors based on prior convictions. Finds the state presented sufficient evidence to support Fox’s driving while suspended conviction. Also finds the evidence was insufficient to prove Fox had a prior conviction for operating having never received a license. Remands for the Marion Superior Court to enter judgment on the lesser-included offense of Class C misdemeanor operating having never received a license and to vacate the Class A misdemeanor.

Indiana Court of Appeals
Daniel J. Glasgow v. State of Indiana
47A04-1708-CR-1820
Criminal. Affirms Daniel Glasgow’s conviction of Level 6 felony unlawful possession of a syringe. Finds the Lawrence Superior Court properly admitted the syringe into evidence.

Indiana Court of Appeals
Ben Yisrayl v. Sgt. Reed
46A03-1706-SC-1524
Small claims. Affirms the denial and dismissal of Chijioke Bomani Ben Yisrayl’s claim in replevin. Finds Sgt. Reed is entitled to summary judgment as a matter of law.

Indiana Court of Appeals
Angela Brewer, Individually and as Personal Representative of the Estate of Rickey A. Brewer, Deceased v. PACCAR, Inc. d/b/a PETERBILT MOTORS CO.
55A05-1709-CT-2168
Civil tort. Reverses the grant of summary judgment in favor of Peterbilt Motors Company and the denial of Angela Brewer’s motion for partial summary judgment. Finds Brewer designated sufficient evidence for summary judgment purposes that there were several safety features Peterbilt reasonably could have incorporated into its glider kits that might have prevented Rickey Brewer’s death. Also finds Rickey Brewer was a “consumer” of Peterbilt’s product for purposes of the Indiana Product Liability Act. Remands for further proceedings. Judge Paul Mathias concurs with separate opinion.

The following Indiana Supreme Court opinions were posted after IL deadline Friday:

In re the Adoption of E.B.F., J.W. v. D.F.
18S-AD-167
Adoption. Grants transfer and reverses the petition to adopt E.B.F. without J.W., his mother’s, consent. Finds the totality of J.W.’s circumstances justified her failure to communicate with her child for a one-year period. Also finds M.F., the father, and D.F., the stepmother’s, unwillingness to abide by the custody modification frustrated J.W.’s ability to communicate. Finally, finds J.W.’s consent was necessary to grant the adoption petition. Remands for further proceedings. Justice Geoffrey Slaughter dissents with separate opinion joined by Justice Mark Massa.

7th Circuit Court of Appeals
Robin Austin v. Walgreen Company
17-2629
Appeal from the United States District Court for the Northern District of Indiana, Hammond Division. Judge John E. Martin.
Civil. Affirms the grant of summary judgment to Walgreen Co. Finds Robin Austin failed to prove Walgreen had actual or constructive knowledge of a hazard on its premises after she slipped and fell in a Hebron store.

The following 7th Circuit Court of Appeals opinions were posted after IL deadline Wednesday.

Freedom From Religion Foundation v. Concord Community Schools
17-1591, 17-1683
Appeals from the U.S. District Court for the Northern District of Indiana, South Bend Division. Judge Jon E. DeGuilio.
Civil. Affirms District Court ruling that the Concord Community Schools’ 2015 “Christmas Spectacular” show, modified to de-emphasize Christian elements in the 2014 show, did not violate the Establishment Clause of the Constitution. Judge Frank Easterbrook concurs in a separate opinion. 

Indiana Court of Appeals
R. Kinsey Brooks, Susan K. Brooks v. Bank of Geneva
01A05-1709-MF-2174
Mortgage foreclosure. Reverses the grant of summary judgment in favor of Bank of Geneva on the denial of R. Kinsey Brooks and Susan Brooks’ motion for summary judgment. Finds the mortgage on the Brookses’ property should have been released as a matter of law. Remands with instructions for the mortgage on the property to be released and for consideration of the Brookses’ abuse of process claim.

Indiana Court of Appeals
Dustin McCarty v. State of Indiana
84A04-1707-CR-1599
Criminal. Reverses the probationary conditions imposed on Dustin McCarty after he was sentenced to 2½ years, with 290 days executed and the remainder suspended to probation, for Class D felony battery by bodily waste and Class A misdemeanor resisting law enforcement. Finds the Vigo Superior Court committed harmless error when it failed to provide McCarty with written conditions of probation at sentencing. Remands with instructions.