Opinions

Indiana Supreme Court
In the Matter of the Honorable Ryan D. Johanningsmeier, Judge of the Knox Superior Court 2
18S-JD-351
Judicial discipline. Reprimands Knox Superior Court 2 Judge Ryan D. Johanningsmeier.  Under a Statement of Circumstances and Conditional Agreement for Discipline, finds Johanningsmeier engaged in judicial misconduct by his actions in, and failure to recuse from, a close friend’s traffic-infraction case. Finds Johanningsmeier violated six provisions of the Code of Judicial Conduct.

Indiana Court of Appeals
Daniel T. O'Bryant, D.B.A. O'Bryant Transport LLC v. Alan P. Adams, Luan Adams, D.B.A., A.L.A. Trucking, Inc.
48A02-1711-PL-2709
Civil plenary. Affirms the Madison Circuit Court’s dismissal of Daniel O’Bryant’s claims against A.L.A. Trucking, Inc for breach of contract. Finds the trial court did not err when it dismissed O’Bryant’s claim due to the forum selection clause in an independent contractor agreement, so the trial court did not abuse its discretion when it denied O’Bryant’s motion to correct error.

Indiana Supreme Court
In the Matter of Charles R. Huston
18S-DI-258
Disciplinary. Finds Charles Huston in contempt for practicing law while suspended and extends his suspension to a minimum of two years without automatic reinstatement. Orders Huston to pay a fine and orders him to serve 15 days in prison if the fine is not timely paid.

Indiana Court of Appeals
In the Matter of the Termination of the Parent-Child Relationship of E.A.G. (Minor Child); C.L. (Mother) and A.G. (Father) v. Indiana Department of Child Services (mem. dec.)
18A-JT-293
Juvenile termination. Affirms the Dearborn Circuit Court’s termination of A.G. and C.L.’s parental rights over their minor child, E.G. Finds the totality of the evidence, including the parents’ historical inability to provide a safe and stable home and their failure to maintain contact with E.G., supports the trial court’s conclusion that termination of parental rights is in E.G.’s best interest. 

Indiana Court of Appeals 
Beverly K. Oswald v. Tarek Shehadeh and Falon Vela
29A02-1711-PL-2627
Civil plenary. Reverses the Hamilton Superior Court’s decision to dismiss a breach of contract suit that found Indiana lacked personal jurisdiction over the defendants over Tarek Shehadeh and Falon Vela. Finds both defendants had sufficient minimum contacts with Indiana for the court to exercise personal jurisdiction over them. Also finds their due process rights will not be violated by proceeding Indiana. Remands for further proceedings.  

7th Circuit Court of Appeals 
Susan Spicher v. Nancy Berryhill 
17‐3399
Appeal from the United States District Court for the Northern District of Indiana, Fort Wayne Division. Judge William C. Lee
Civil. Reverse and remands the denial of social security disability insurance benefits and supplemental security income to Susan Spicher. Finds the administrative law judge did not provide reasoning for her rejection of medical observations that undercut her conclusion. Remands for the ALJ to address Dr. Crystal Strong’s recommendation that Spicher regularly ambulate and evidence that Spicher could not perform certain postural activities and account for the effects of Spicher’s humerus fracture and carpal tunnel syndrome. 

Indiana Court of Appeals
In Re: The Adoption of S.M.S., F.V. v. J.S. and A.S. (mem. dec.)
18A-AD-517
Adoption. Affirms the adoption of S.M.S. to grandparents J.S. and A.S. Finds the Clinton Circuit Court did not err in concluding that F.V. impliedly consented to the adoption. Finds the adoption is in the best interest of S.M.S. and not clearly erroneous.

The following 7th Circuit Court opinion was posted after IL deadline on Tuesday.
Mark McCleskey v. CWG Plastering, LLC
17‐1980
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Larry J. McKinney.

Civil. Reverses and remands the Indiana Southern District Court’s decision to grant summary judgment to CWG Plastering, LLC. Finds the appellants provided enough evidence to support their case, concluding the district court was too quick to grant summary judgment in favor of CWG Plastering, LLC. Judges Frank Easterbrook and David Hamilton concur with separate opinions.

Indiana Court of Appeals
In the Matter of the Involuntary Termination of the Parent-Child Relationship of Z.B., D.B., L.B., Me.B., Ma.B. (Minor Children) and A.B. (Mother) v. The Indiana Department of Child Services, et al.
18A-JT-318 
Juvenile termination of parental rights. Affirms the Delaware Circuit Court's termination of mother A.B.'s parental rights, holding that a court-appointed special advocate may prosecute a TPR case even when the Department of Child Services objects.

Indiana Court of Appeals
Dennis Knight v. State of Indiana (mem. dec.)
71A04-1711-PC-2748
Post-conviction. Affirms the St. Joseph Superior Court’s order to prepare a new 
pre-sentence investigation report for Dennis Knight. Finds Knight waived the argument that he was entitled to any relief based on the trial court sentencing him without a PSI because he failed to raise such an argument on direct appeal. Also finds, waiver notwithstanding, that Knight’s argument that such an error would entitle him to a new trial was meritless. Finally, finds Knight failed to show any prejudice resulting from the post-conviction court resentencing him.  

7th Circuit Court of Appeals
Planned Parenthood of Indiana v. Commissioner of the Indiana State Department of Health, et al.
17-1883
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Tayna Walton Pratt.
Civil. Affirms the preliminary injunction against Indiana House Enrolled Act 1337. Finds the law raises burdens to a woman’s right to an abortion as established in Roe v. Wade. Judge Michael Kanne concurs with a separate opinion.

7th Circuit Court of Appeals
USA v. Keenan Davis
17-2814
Appeal from the United States District Court for the Northern District of Indiana, Fort Wayne Division. Chief Judge Theresa L. Springmann.
Affirms Kennan Davis’ conviction of two counts of being a felon in possession of a firearm. Finds the evidence, including testimony from police and Davis’ 6-year-old daughter, were admissible and sufficient to support the convictions.

Indiana Court of Appeals
EngineAir, Inc. and JMA Rail Products, Inc. v. Centra Credit Union
36A01-1709-CT-2177
Civil tort. Affirms the Jackson Superior Court’s grant of Centra Credit’s motion to dismiss for failure to state a claim pursuant to Indiana Trial Rule 12(B)(6). Finds that Indiana’s version of the Uniform Commercial Code has displaced any cause of action that the companies may have against Centra Credit.

Indiana Court of Appeals
Melodie Liddle v. Cameron F. Clark, in his official capacity as Director of the Indiana Department of Natural Resources, et al.
49A04-1707-MI-1662
Miscellaneous. Affirms the Marion Superior Court’s summary judgment rulings limiting the calculation of damages and denial of Melodie Liddle’s request for declaratory judgment.

Indiana Court of Appeals
City of Indianapolis v. Bradley T. Maynard (mem. dec.)
49A02-1710-MI-2300
Miscellaneous. Reverses the Marion Superior Court’s entry of default judgment in favor of Bradley Maynard in his action for judicial review from an administrative decision upholding his citation for violating a parking ordinance. Finds Maynard’s action was untimely because he did not tender a summons upon the clerk within the limitations period. Also finds that because Maynard never served a summons when he petitioned for judicial review, the default judgment entered against the City of Indianapolis is void for lack of personal jurisdiction. Remands with instructions for the trial court to vacate its judgment and reinstate the County Board of Ordinance Violation’s decision.

Indiana Court of Appeals 
Timothy Smith v. State of Indiana (mem. dec.)
48A05-1712-CR-2825
Criminal. Affirms the Madison Circuit Court’s revocation of Timothy Smith’s probation and the order for him to serve the balance of his previously suspended sentence in the Department of Correction. Finds the trial court did not err.

Indiana Court of Appeals
Theresa Biedron, et al. v. Anonymous Physician 1, et al.
45A03-1708-CT-2012
Civil tort. Affirms and reverses in part the grant of summary judgment to the anonymous physicians sued by the estate of Louis Biedron, the denial of summary judgment to the physicians sued by the estates of Dorothy Sullivan and Patricia Poteet, the denial of the Sullivan and Poteet defendants’ motion to strike and the grant of Poteet’s estate’s motion to strike the Poteet defendants’ reply briefs. Finds the Lake Superior Court did not err in granting summary judgment to the Biedron defendants, but did err in denying summary judgment to the Sullivan and Poteet defendants. Also finds the trial court abuse its discretion in denying the Sullivan and Poteet defendants’ motion to strike. Finally, finds the trial court abused its discretion in striking the Poteet defendants’ reply briefs. 

Indiana Court of Appeals
In the Termination of the Parent-Child Relationship of: T.H. (Minor Child), and B.H. (Father) and D.A. (Mother) v. Indiana Department of Child Services (mem. dec.)
18A-JT-423
Juvenile termination of parental rights. Affirms the Tippecanoe Superior Court’s termination of B.H. and D.A.’s parental rights. Finds the Indiana Department of Child Services presented sufficient evidence to support the termination of parental rights. 

Indiana Court of Appeals
Jermaine Jackson v. State of Indiana 
49A02-1712-CR-2899
Criminal. Affirms Jermaine Jackson’s conviction for Level 1 felony attempted murder, three counts of Level 6 felony criminal recklessness and Class A misdemeanor carrying a handgun without a license. Finds the Marion Superior Court did not abuse its discretion when it admitted evidence of his prior bad acts. Also finds the admission of evidence did not prejudice Jackson’s substantial rights. 

Indiana Court of Appeals
Michael A. Miller v. State of Indiana
28A01-1712-CR-2918
Criminal. Affirms Michael Miller’s second conviction of attempted murder. Finds the evidence was sufficient to support an inference that Miller acted with the specific intent to kill required to convict him of attempted murder. Also finds the Greene Circuit Court did not abuse its discretion by denying Miller’s motion for a change of judge on remand.