Opinions

7th Circuit Court of Appeals
United States of America v. Douglas D. Jackson
15-3693
Appeal from the United States District Court for the Northern District of Indiana, South Bend Division. Judge Robert L. Miller.
Criminal. Vacates Douglas Jackson’s conviction of one count of possessing a firearm in furtherance of a crime of violence. Finds 18 U.S. Code Section 924(c)(3)(B) is unconstitutionally vague. Remands for resentencing. Also finds the district court erred in enhancing Jackson’s offense level for being a manager or supervisor to the crime. Vacates the offense level enhancement on that charge and remands for resentencing.

Indiana Court of Appeals
11438 Highway 50, LLC, successor in interest to Regions Bank, successor by merger to Union Planters Bank, N.A., successor in interest to NBD Bank, N.A. v. Timothy John Luttrell
47A01-1702-PL-354
Civil plenary. Affirms the Lawrence Circuit Court’s Default Decree and Order on Plaintiff’s Motion to Award Surplus Property in favor of Timothy Luttrell. Finds the crane and saw are not fixtures subject to the lender’s mortgage liens.

Indiana Court of Appeals
In Re the Marriage of: Brett Myers v. Lisa Myers (Phifer) (mem. dec.)
29A02-1701-DR-77
Domestic relation. Reverses the Hamilton Superior Court’s order for payment of post-secondary educational expenses and the award of attorney fees to Lisa Myers. Finds the trial court abused its discretion when calculating Brett Myers’ share of the post-secondary educational costs and when it awarded attorney’s fees to Lisa Myers. Remands for further proceedings.

Indiana Court of Appeals
Cody R. Hickman v. State of Indiana
27A02-1701-CR-59
Criminal. Affirms the Grant Superior Court’s determination that Cody R. Hickman was not entitled to accrued time against his sentence for time spent in a halfway house as part of a reentry court program and as a condition of his probation. Finds the trial court’s conclusion that Hickman was not confined or imprisoned while living at Grace House and participating in reentry court was not clearly against the facts and circumstances before it.

Indiana Court of Appeals
In the Matter of: Ale.P., Ala.P., and J.P., Children Alleged to be in Need of Services, C.R. and A.R. v. The Indiana Department of Child Services
52A02-1612-JC-2864
Juvenile CHINS. Affirms the juvenile court’s order denying foster parents C.R. and A.R.’s motion for return of Ale.P., Ala.P. and J.P. Finds C.R. and A.R. were not deprived of due process. Also finds the juvenile court’s judgment is not clearly erroneous.

Indiana Court of Appeals
Charles O'Keefe v. Top Notch Farms
93A02-1702-EX-386
Agency action. Affirms the denial of Charles O’Keefe’s claim for workers’ compensation benefits for a work-related injury. Finds that even though O’Keefe drove a semi-truck, his work was agricultural in character, so he was exempt from the Worker’s Compensation Act and could not receive workers’ compensation benefits.

7th Circuit Court of Appeals
Aaron Carson, et al., and Ronald Paulsin v. Lake County, Indiana
16-3665
Appeal from the United States District Court for the Northern District of Indiana, Hammond Division. Magistrate Judge Paul R. Cherry.
Civil. Affirms the district court’s grant of summary judgment to Lake County, Indiana, on the plaintiffs’ federal age discrimination claim. Finds there is no evidence the county engaged in unlawful age discrimination. Also finds the plaintiffs’ equal protection claim fails because the undisputed facts show the county’s action was rationally related to a legitimate state interest: preserving supplement insurance coverage for its retirees while avoiding further financial hardship.

Indiana Court of Appeals
Lamasco Redevelopment, LLC v. Henry County, Indiana, Auditor and Henry County, Indiana, Treasurer
33A01-1702-MI-398
Miscellaneous. Reverses the Henry Circuit Court’s order granting the Henry County Auditor and Henry County Treasurer’s request to invalidate Lamasco Redevelopment, LLC’s purchase of two properties at a 2015 tax sale and vacating the court’s order directing that tax deeds be issued to Lamasco for those properties. Finds the auditor’s failure to comply with Indiana Code section 32-21-8-7 did not provide a basis for the trial court to invalidate the tax sale and vacate its orders directing the issuance of tax deeds. Remands with instructions to vacate the order and reinstate the orders to the Auditor to issue tax deeds for both parcels of land to Lamasco.

The following Indiana Supreme Court opinions were posted after IL deadline Friday:
Rodney J. McGuire v. State of Indiana
09S02-1707-CR-491
Criminal. Remands Rodney McGuire’s case for resentencing. Finds Indiana Code Section 35-50-2-2(i) does not change the minimum sentence for McGuire’s Class A felony child molesting conviction from 20 to 30 years. Judge Mark Massa dissents with separate opinion.

Indiana Court of Appeals
Paul Gresk, Trustee for the Bankruptcy Estate of Derek VanWinkle and Stacey VanWinkle on behalf of M.V. and A.V. their minor children v. Cortney Demetris, M.D., et al.
49A02-1610-MI-2287
Miscellaneous. Reverses the Marion Superior Court’s grant of summary judgment on an anti-SLAPP issue in favor of Dr. Cortney Demetris. Finds the anti-SLAPP statute does not apply to reports of child abuse or neglect made to the Department of Child Services. Also finds Demetris’ report to DCS was not made “in furtherance of” her constitutional rights, as required by the anti-SLAPP statute, but rather because of her statutory duty to report child abuse or neglect. Remands the case to the trial court for consideration of the issues that were stayed.

Indiana Court of Appeals
Dustin A. Evans v. State of Indiana
03A04-1612-CR-2911
Criminal. Affirms Dustin Evans’ convictions for escape as a Level 5 felony and unlawful possession of a syringe as a Level 6 felony. Finds there was no fundamental error in the Bartholomew Superior Court’s jury instructions for Evans’ escape charge. Also finds the trial court did not abuse its discretion in ordering consecutive sentences for Evans’ offenses.

Indiana Court of Appeals
Stacy Lamont Griffin v. State of Indiana
11A05-1609-CR-2084
Criminal. Affirms Stacy Lamont Griffin’s conviction for attempted robbery as a Level 5 felony and his six-year sentence. Finds Griffin has not demonstrated an abuse of the Clay Circuit Court’s discretion in the denial of his motion for sequestered, individualized voir dire. Also finds sufficient evidence supports Griffin’s conviction. Finally, finds his sentence is not inappropriate.

The following 7th Circuit Court of Appeals opinion was issued after IL deadline Monday:
United States of America v. Kenneth Sandidge
16-2180
Appeal from the United States District Court for the Northern District of Indiana, Hammond Division. Judge Rudy Lozano.
Criminal. Modifies the district court’s order to prohibit Kenneth Sandidge’s use of alcohol if it “materially adversely affects the defendant’s employment, relationships, or ability to comply with the conditions of supervision” and affirms the order as modified. Finds the original language of the order was loose and indeterminate, raising concerns about arbitrariness in enforcement, but the problem is solved by adding the materiality requirement.

The following 7th Circuit Court of Appeals opinion was posted after IL deadline Friday:
Estate of Dennis Simpson, et al. v. Mark E. Gorbett, James Tindell, Jared Williams, Johnny York, Travis Harbaugh and Cory Lehman
16-2899
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Sarah Evans Barker.
Civil. Affirms the grant of summary judgment to six Bartholomew County employees. Finds the Estate of Dennis Simpson failed to provide sufficient evidence to prove its deliberate indifference and inhumane conditions claims.

Indiana Court of Appeals
Louis Bell v. State of Indiana
49A05-1606-CR-1390
Criminal. Affirms Louis Bell’s convictions of Level 4 felony unlawful possession of a firearm by a serious violent felon, Level 5 felony possession of a narcotic drug, Level 5 felony possession of cocaine, Class B misdemeanor possession of marijuana and Class C misdemeanor possession of paraphernalia. Finds Officer Justin Gough had reasonable suspicion to stop Bell due to the nighttime traffic violation created by the lack of lights on the bicycle. Also finds that once stopped, neither Bell’s Fourth Amendment nor Article 1, Section 11 rights were violated by the pat-down search. Finally, finds the Marion Superior Court did not abuse its discretion in the admission of evidence. Judge Margaret Robb dissents with separate opinion.

7th Circuit Court of Appeals
Gary Jet Center, Inc. v. AFCO AvPorts Management LLC, et al.
16-1233
Appeal from the United States District Court for the Northern District of Indiana, Hammond Division. Judge Joseph S. Van Bokkelen.
Civil. Affirms the dismissal of Gary Jet Center Inc.’s claim alleging violation of the Contracts Clause of the U.S. Constitution. Finds legislative power was not used to deny Gary Jet’s remedy for breach of a 2007 lease.

Indiana Court of Appeals
James E. Saylor v. State of Indiana
39A01-1701-MI-90
Miscellaneous. Affirms the Jefferson Circuit Court’s order granting the state’s motion for judgment on the pleadings. Finds the trial court did not err in ruling on state’s Rule 12(C) motion without an evidentiary hearing. Also finds there is no error in the state’s order granting the motion for judgment on the pleadings. Finally, finds it is clear from the face of James E. Saylor’s complaint that under no circumstances could the relief he sought be granted.

7th Circuit Court of Appeals
Jennifer R. Wilson-Trattner v. Robert Campbell, et al.
16-2509
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Larry J. McKinney.
Civil. Affirms the grant of summary judgment to the defendants on Jennifer R. Wilson-Trattner’s substantive due process, failure to train and intentional infliction of emotional distress claims, based on allegations that the Hancock County Sheriff’s Department improperly responded to her complaints of domestic abuse. Finds the responding officers’ conduct did not embolden Scott Roeger to continue abusing Wilson-Trattner. Also finds Wilson-Trattner did not provide sufficient evidence to defeat the award of summary judgment on her failure to train and intentional infliction of emotional distress claims.