Opinions

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.

The following 7th Circuit Court opinion was posted after IL deadline on Wednesday.
Nicholas Knopick v. Jayco, Inc.
17-2285
Appeal from the United Stated District Court for the Northern District of Indiana, South Bend Division.
Judge Jon DeGuilio
Civil. Affirms summary judgment for recreational vehicle manufacturer Jayco. Finds the language in the warranty protects the company from having to cover work on vehicles that are purchased by a business, as Nicholas Knopick did when he bought the Jayco on behalf of the company he controlled. Rules the repairs to the Knopicks’ RV were “good will” repairs and did not waive the warranty’s terms.

Indiana Court of Appeals 
Diane Seiwert and 19942 Longview Drive, LLC v. Ty Brown and Brown Roofing Co. (mem. dec.) 
15A01-1707-PL-1616
Civil plenary. Affirms the Dearborn Superior Court’s judgment in favor of Ty Brown and Brown Roofing Company in the amount of $5,531.83. Finds the trial court did not err in finding that Diane Seiwert breached the parties’ contract when she instructed Brown to stop installing gutters on her home before completion and failed to pay for the work. 

Indiana Court of Appeals
In re Termination of the Parent-Child Relationship of: A.R. and E.R. (Minor Children) and W.G. (Mother) v. The Indiana Department of Child Services (mem. dec.)
18A-JT-508
Juvenile termination. Affirms the Wabash Circuit Court’s denial of W.G.’s motion to withdraw her consent to the adoption of her two minor children following the involuntary termination of her parental rights. Finds the juvenile court did not abuse its discretion when it found W.G.’s consent was voluntary and declined to grant her relief. 

Indiana Court of Appeals

In the Matter of: Eq.W., M.W., A.W., S.W., & Ez.W., V.B. (Mother) v. Indiana Department of Child Services
18A-JC-555
Juvenile CHINS. Affirms the Monroe Circuit Court’s adjudication of V.B.’s five minor children as children in need of services. Finds V.B. waived her res judicata argument. Also finds the evidence sufficient for the court’s decision. 

Indiana Court of Appeals
Corey Bullock v. State of Indiana
49A05-1706-CR-1247
Criminal. Affirms Corey Bullock’s 50-year sentence for conviction of Level 1 felony murder and Level 6 felony neglect of a dependent resulting in serious bodily injury. Finds the Marion Superior Court did not enter judgment of conviction after Bullock’s first trial. Finds retrial is not barred if judgment of conviction is erroneously entered on the chronological case summary but then quickly vacated.

7th Circuit Court of  Appeals
Destiny Hoffman v. Susan Knoebel
17-2750
Appeal from the United States District Court for the Southern District of Indiana, New Albany Division. Senior Judge Sarah Evans Barker.
Civil tort. Affirms dismissal of Hoffman’s proposed class action against former Clark County Drug Court Director Susan Knoebel and others for wrongful detentions. Finds that while the plaintiffs’ constitutional rights were violated during their time as participants in the Clark County DTC, plaintiffs cannot overcome the barriers to recovery against the four named defendants.

The following Indiana Supreme Court opinions were posted after IL deadline on Friday:
Brian L. Paquette v. State of Indiana
63S04-1709-CR-570
Criminal. Reverses two of Brian Paquette’s three conviction for felony resisting law enforcement. Finds Indiana Code section 35-44.1-3-1 authorizes only one conviction for felony resisting law enforcement where the defendant engages in a single act of resisting while operating a vehicle that causes multiple deaths. Remands for revised sentencing.