Opinions

7th Circuit Court of Appeals
Anthony Mimms v. CVS Pharmacy, Incorporated
17-1918
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Tanya Walton Pratt
Reverses and remands in part the jury award of $1.025 million to Dr. Anthony Mimms against CVS Pharmacy. The district court erred in failing to grant summary judgment to CVS on three of four allegedly defamatory statements about Mimms tried to the jury, and CVS is entitled to a new trial on the fourth statement.

Indiana Court of Appeals
Jerold W. Leatherman v. State of Indiana
47A04-1711-CR-2711
Criminal. Affirms Jerold Leatherman’s conviction of Class C misdemeanor possession of paraphernalia. Reverses Leatherman’s conviction of Level 6 felony maintaining a common nuisance. Finds the state provided sufficient evidence to support Leatherman’s Class C misdemeanor conviction but failed to provide sufficient evidence that the vehicle Leatherman drove had been used on multiple occasions for the delivery of a controlled substance, an essential element of the crime of maintaining a common nuisance.

The following 7th Circuit Court of Appeals opinions were posted after IL deadline Monday:
Brian Valenti v. Connie Lawson, et al.
17-3207
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge William T. Lawrence.
Civil. Affirms the grant of summary judgment in favor of Connie Lawson in her official capacity as Indiana Secretary of State and the other state defendants on Brian Valenti’s claim that the state violated his right to vote by refusing to let him enter a polling site located at a school. Finds Indiana has demonstrated a rational relationship between Indiana Cdoe section 35-42-4-14(b) and the stated purpose of keeping serious sex offenders away from children on school property. Also finds the district court erred in applying a constitutional balancing test, rather than statutory rational basis review.

Indiana Court of Appeals
Glenn Dillard v. State of Indiana
49A02-1708-CR-1905
Criminal. Reverses the denial of Glenn Dillard’s motion to dismiss after he was not brought to trial in accordance with his speedy trial request. Finds the Marion Superior Court erred in denying Dillard’s motion. Judge James Kirsch dissents without separate opinion.

Indiana Court of Appeals
Andre Taylor, a/k/a Robert Davidson v. State of Indiana
49A04-1708-CR-1930
Criminal. Affirms Andre Taylor, a.k.a. Robert Davidson’s, convictions of Level 2 felony burglary and Level 3 felony armed robbery, as well as the finding that he is a habitual offender. Reverses Taylor’s two Level 3 felony criminal confinement convictions due to double jeopardy violations. Finds the Marion Superior Court properly allowed Detective Grant Melton to testify about evidence he recovered from Taylor’s phone by using the “chip-off’ forensic technique. Also finds Taylor’s convictions of burglary and armed robbery do not violate double jeopardy principles. Remands for the trial court to vacate Taylor’s criminal confinement convictions.

The following 7th Circuit Court of Appeals opinions were posted after IL deadline Wednesday:
Thomas James v. Lorenzo Eli, et al.
15-3034
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge William T. Lawrence.
Civil. Vacates the entry of summary judgment in favor of Dr. Lorenzo Eli and Dr. Nicolas Villanustre on Thomas James’ complaint for deliberate indifference toward his medical care while he was incarcerated in Indiana. Finds the district court erred in denying James’ motions for appointment of counsel. Reverses the denial of James’ motions for recruitment of counsel. Remands for further proceedings.

Indiana Court of Appeals
Christopher Darring v. State of Indiana
49A02-1706-CR-1426
Criminal. Affirms the denial of Christopher Darring’s motion to suppress evidence obtained as the result of a search of his home. Finds probable cause existed for the issuance of the search warrant.

Indiana Supreme Court
Brandon McGrath v. State of Indiana
49S04-1710-CR-653
Criminal. Affirms the issuance of two search warrants of Brandon McGrath’s home that led to the discovery of an indoor marijuana operation. Finds that under the totality of the circumstances, probable cause supported both warrants.

Indiana Court of Appeals

Northern Indiana Public Service Company v. Aqua Environmental Container Corp. and Joki Leasing, LLC
91A04-1707-PL-1653
Civil plenary. Affirms on interlocutory appeal the trial court’s denial of NIPSCO’s motion for default judgment for spoliation of evidence. Affirms the trial court’s determination that there was no intentional spoliation of evidence by Aqua. Remands with instructions for the trial court to determine the appropriate remedy, if any, for Aqua’s negligent spoliation of evidence.

Indiana Supreme Court
Douglas Kirby v. State of Indiana
18S-CR-79
Criminal. Affirms the denial of Douglas Kirby’s petition for post-conviction relief, but does not reach the merits of Kirby’s ex-post facto claim. Finds Indiana’s post-conviction rules do not let Kirby bring his ex post facto claim in a post-conviction proceeding because Kirby is challenging a collateral consequence instead of his conviction or sentence. Also finds the post-conviction rules do not bar Kirby from pursuing his claim in a declaratory judgment action.

Indiana Court of Appeals
Scott Randall v. State of Indiana
49A02-1708-CR-1779
Criminal. Affirms the denial of Scott Randall’s motion to suppress evidence resulting from a police officer’s observations while conducting a welfare check. Finds the Marion Superior Court erroneously applied the community caretaking function, but Randall’s seizure was reasonable under both the Fourth Amendment and Article 1, Section 11 of the Indiana Constitution pursuant to the emergency aid doctrine. Also finds Randall’s statements were not made in violation of Miranda.

Indiana Court of Appeals
City of Muncie Unsafe Building Hearing Authority, James Lee, Doug Marshall, Deborah Malitz, Aaron Wood, and Brad King, in their official capacities v. Popatlal Patel (mem. dec.)
18A02-1707-PL-1729
Civil plenary. Reverses a Delaware Circuit Court order in favor of Popatlal Patel and remands for the trial court to enter judgment in favor of the City of Muncie Unsafe Building Hearing Authority parties, who had issued a second demolition order on a former motel property owned by Patel. The Authority’s demolition order and its decision not to release a $22,000 performance bond to Patel were not arbitrary and capricious, and the trial court abused its discretion by substituting its judgment for that of the Authority. The court expresses no opinion on whether Patel is entitled to release of the bond if the demolition work is satisfactorily completed.

Indiana Court of Appeals
State of Indiana v. Daniel L. Myers
69A01-1708-CR-1805
Criminal. Reverses the dismissal of three counts of operating while intoxicated against Daniel L. Myers under Indiana Trial Rule 4(C). Because Myers did not timely object to the Ripley Superior Court setting his trial more than one year beyond the filing of charges, he acquiesced to the date. Remands with instructions for proceedings.

Indiana Court of Appeals
Kathy Sue Reed v. State of Indiana (mem. dec.)
71A03-1710-CR-2448
Criminal. Affirms the finding that Kathy Sue Reed violated the terms of her probation. Finds the St. Joseph Superior Court did not abuse its discretion in the admission of evidence or in finding Reed violated her probation.

Indiana Court of Appeals
Kavonya Jones v. State of Indiana
49A02-1708-CR-1950 
Criminal. Affirms Kavonya Jones’ Class A misdemeanor convictions of resisting law enforcement and driving while suspended. The evidence was sufficient to uphold the conviction, and the Marion Superior Court did not abuse its discretion in instructing the jury or in finding the alleged prosecutorial misconduct did not warrant a mistrial.

Indiana Court of Appeals
Currant Barnes v. State of Indiana (mem. dec.)
49A02-1711-CR-2542 
Criminal. Affirms Currant Barnes’ conviction of Class B misdemeanor possession of marijuana. The evidence is sufficient to support the conviction.

Michael Flowers v. State of Indiana
10A01-1703-CR-586 
Criminal. Reverses revocation of Michael Flowers’ placement in community corrections, with the majority finding the Clark Circuit Court erred in its analysis of whether it had authority to order Flowers to community corrections. The majority found the trial court also acted on flawed analysis when it stated in a hearing that any order by a senior judge can be reviewed and modified or altered by the presiding judge. Remands for proceedings and a new order. Judge Patricia Riley dissents and would affirm the trial court, finding it had inherent judicial authority to modify the placement order under I.C. 33-23-2-4.

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.