Opinions

The following Indiana Supreme Court opinions were posted after IL deadline on Wednesday.
State of Indiana v. John B. Larkin
46S04-1711-CR-701
Criminal. Reverses the LaPorte Circuit Court’s dismissal of John Larkin’s charge of voluntary manslaughter. Finds that an outright dismissal of Larkin’s charges is an extreme remedy and inappropriate to the case. Finds the trial court abused its discretion in not applying State v. Taylor, 49 N.E.3d 1019. Remands to the trial court to weigh each piece of evidence to determine whether it was tainted by the State’s misconduct. Orders that the trial court, at its discretion, to either hold a hearing for the State to rebut the presumption of prejudice for any tainted evidence, or proceed to trial to attempt to meet its burden through offers of proof outside the presence of the jury.

The following opinion was posted after IL deadline Monday:
Indiana Supreme Court
J.R. v. State of Indiana
18S-JV-285
Juvenile. Affirms J.R.’s delinquency adjudication for dangerous possession of a firearm and carrying a handgun without a license, had he been committed as an adult. Finds the pat-down search of J.R. did not violate his rights. Finds that double jeopardy principles preclude J.R.’s dual adjudications. Remands to the juvenile court to vacate delinquency adjudication for carrying a handgun without a license.

7th Circuit Court of Appeals
The following opinion was issued after IL deadline Monday.
Peter Deppe v. NCAA
17-2275
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Tanya Walton Pratt.
Civil plenary. Affirms dismissal of Peter Deppe’s proposed class-action against Indianapolis-based National Collegiate Athletic Association seeking an antitrust challenge of the NCAA’s “year in residence rule” requiring Division I student athletes to wait one year before they can play for their new school. Finds the requirement is an eligibility rule clearly meant to preserve the amateur character of college athletics and is therefore presumptively procompetitive under NCAA v. Board of Regents of University of Oklahoma, 468 U.S. 85 (1984) and Agnew v. NCAA, 683 F.3d 328 (7th Cir. 2012).

Indiana Court of Appeals
David Earley and Rhonda Earley v. Edward Jones & Co., LP, Edward Jackson, and Adam Jackson
36A04-1710-PL-2258
Civil plenary. Affirms the Jackson Superior Court’s stay and order compelling arbitration in the Earleys’ action against Edward D. Jones & Co., LP, Edward Jackson and Adam Jackson. Finds the Earleys failed to present contract defenses to invalidate signed agreements. The court finds that arbitration agreements between the parties are enforceable and subject to the Federal Arbitration Act.

7th Circuit Court of Appeals
The following opinions were posted after IL deadline on Wednesday.
Pain Center of SE Indiana, LLC v. Origin Healthcare Solutions LL
17-1276
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Richard L. Young.
Civil. Reverses the United States District Court’s grant of summary judgment for Origin on Pain Center’s breach of contract, finding claim was timely. Affirms the trial court’s entry of summary judgment for Origin on all other claims. Remands for further proceedings.

7th Circuit Court of Appeals
The following opinion was posted after IL deadline Tuesday:
Bennie Kennedy v. Schneider Electric
17-1645 & 17-1786
Appeals from the United States District Court for the Northern District of Indiana, Hammond Division. Magistrate Judge Paul R. Cherry.
Civil. Affirms the United States District Court’s denial of Bennie Kennedy’s motion to set aside summary judgment for fraud on the court. Affirms the court’s decision to impose sanctions on Kennedy’s lawyer under Rule 11 for accusing the defendant’s lawyers of suborning perjury.

Indiana Court of Appeals
Michael Riggle v. State of Indiana (mem. dec.)
49A05-1710-CR-2425
Criminal. Affirms Michael Riggle’s convictions of five counts of child molesting, one count of sexual misconduct with a minor, two counts of child seduction and one count of activity related to obscene performance as Class A, Class B, Class C, Level 1 and Level 5 felonies. Finds Riggle made a knowing, voluntary, intelligent waiver of his right to counsel.

Indiana Court of Appeals
Andrew Seal v. State of Indiana
49A02-1711-CR-2547
Criminal. Affirms Andrew Seal’s conviction of Level 1 felony child molesting. Finds independent evidence found satisfies the purpose of the corpus delicti rule. Concludes there was sufficient evidence to support the conviction.

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. Grants Angela Brewer’s petition for rehearing following the decision of the Court of Appeals. Reaffirms the Court of Appeals’ original decision in all respects. Finds it is not advisable for parties to file simultaneous motions to correct error and notices of appeal. Also finds the appellate court did not hold as a matter of law that Peterbilt’s glider kit was defective.

Indiana Court of Appeals
James T. Horejs, James Harris, and Robert Horejs, as Co-Administrators of the Estate of Laura A. Shaner, Deceased v. Albert Milford, D.O., St. Margaret Mercy Healthcare Centers, Inc., et al.
45A03-1709-CT-2173
Civil Tort. Affirms the trial court’s grant of the providers’ motion for partial summary judgment. Finds Laura Shaner’s estate has no heirs to receive survivor damages under the wrongful-death statute following the death of David, her husband. Concludes survivor damages passed on to the state are contrary to the wrongful-death statute.

Indiana Court of Appeals
Brian K. Wynne v. Tyson Burris and Brian K. Alsip
41A04-1710-SC-2363
Small claims. Affirms claims brought by Brian Wynne against Tyson Burris and Burris’ attorney,  Brian K. Alsip, were in bad faith. Finds trial court did not abuse its discretion by admitting evidence from recorded jail telephone calls made by Wynne. Finds evidence showed Wynne gave his girlfriend actual authority to act as his agent regarding settlement with Burris, and the trial court did not err in rejecting Wynne’s self-representation and negligence claims against Alsip.

Indiana Court of Appeals
Matthew E. Koch v. State Department of Revenue (mem. dec.)
49A02-1708-MI-1767
Miscellaneous. Affirms the denial of Matthew Koch’s petition to compel production of a confidential public record from the Indiana Department of Revenue related to his late grandparents’ estate. Finds Koch failed to show his entitlement to the record. 

Indiana Court of Appeals
Erica Manis v. Trista McNabb 
18A-GU-96 
Guardianship. Affirms the Madison Circuit Court’s denial of mother Erica Manis’ petition to terminate Trista McNabb’s guardianship of her child, J.F., but reverses the court’s denial of Manis’ request for parenting time. The trial court erred by refusing to consider the petition for visitation time because it believed it lacked authority to order parenting time for mother.

Indiana Court of Appeals
Lockerbie Glove Factory Town Home Owners Association, Inc., Andre B. Lacy, Julia L. Lacy, Elliot J. & Serena Androphy, et al. v. Indianapolis Historic Preservation Commission, and Dan Jacobs
49A02-1708-CT-1681
Civil Tort. Affirms judgment of the trial court denial of a petition for judicial review of the Indianapolis Historic Preservation Commission’s certificate of appropriateness to Dan Jacobs for constructing a retail, residential and parking project in the Lockerbie Square Historic District of Indianapolis. Finds the Remonstrators failed to prove that the Commission decision was invalid due to bias.

Indiana Court of Appeals
Steven Davenport v. State of Indiana (mem. dec.)
34A04-1712-CR-2983
Criminal. Affirms the trial court’s order requiring Steven Davenport, who pleaded guilty to child solicitation, to serve the remainder of his suspended sentence in the Department of Correction for violating probation. The trial court did not abuse its discretion in finding he violated probation on three occasions and was given multiple chances to no avail.

Indiana Court of Appeals
In Re the Adoption of S.O., A.O., and N.O.: P.P. v. A.O. (mem. dec.)
41A01-1712-AD-2967
Adoption. Affirms stepmother Am.O.’s petition to adopt the children of P.P. (mother), and the termination of mother’s the parental rights.

7th Circuit Court of Appeals
Cheryl Dalton v.  Teva North America, et al.
17-1990
Appeal from the United States District Court for the Southern District of Indiana, Evansville Division. Richard L. Young, Judge.
Civil. Affirms summary judgment against Cheryl Dalton and in favor of Teva North America in a products liability case. Finds the district court properly applied Indiana law when it found that Dalton did not provide expert evidence on the issue of causation.

Indiana Court of Appeals
BioConvergence, LLC, and Alisa K. Wright v. Julie Menefee
53A04-1708-PL-1810
Civil plenary. Affirms the denial of attorney fees sought by BioConvergence in an investor lawsuit brought by Julie Menefee. An indemnity provision in the parties’ contract for ownership shares did not explicitly permit an award of attorney fees nor refer to the recovery of attorney fees in an indemnity action. Accordingly, reversal is not warranted.

Indiana Court of Appeals
BioConvergence, LLC, and Alisa K. Wright v. Julie Menefee
53A04-1708-PL-1810
Civil plenary. Affirms the denial of attorney fees sought by BioConvergence in an investor lawsuit brought by Julie Menefee. An indemnity provision in the parties' contract for ownership shares did not explicitly permit an award of attorney fees nor refer to the recovery of attorney fees in an indemnity action. Accordingly, reversal is not warranted.
 

Indiana Court of Appeals
Tyler Dale Knutson v. State of Indiana
12A04-1709-CR-2246
Criminal. Reverses the denial of Tyler Dale Knutson’s motion to dismiss his charge of Level 5 felony unlawful possession of a syringe. Finds the offense of unlawful possession of a syringe cannot be enhanced to a Level 5 felony based on a prior conviction pursuant to Indiana Code section 16-42-19-27, but can only be charged as a Level 6 felony. Remands with instructions to dismiss the Level 5 felony enhancement.