Opinions

The following 7th Circuit Court of Appeals opinions were posted after IL deadline on Thursday:

Dawne A. Sanzone, Personal Representative of the Supervised Estate of Keith R. Koster, Deceased v. James Gray, in his official and individual capacities
17-2103
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Tanya Walton Pratt.
Civil. Reverses the denial of Indianapolis Metropolitan Police Department Officer James Gray on Dawne Sanzone’s Fourth Amendment excessive force claim. Finds Gray acted reasonably when Keith Koster pointed a gun at him and fellow offices, so he did not violate the Fourth Amendment and is entitled to qualified immunity. Remands with instructions to enter judgment for Gray.

Indiana Court of Appeals

Arkla Industries, Inc., et al. v. Columbia Street Partners, Inc. and Columbia Street Partners Remediation Trust
87A01-1709-CC-2140
Civil collection. Reverses the denial of CenterPoint Energy, Inc.’s motion to transfer the case to a preferred venue pursuant to Indiana Trial Rules 12 and 75. Finds the Warrick Circuit Court’s order denying CenterPoint’s motion was clearly erroneous because CenterPoint made a proper motion raising the defense of improper venue. Remands for the trial court to grant the motion and transfer the case to a preferred venue.

7th Circuit Court of Appeals
Akeem Daniels, Cameron Stingily, and Nicholas Stoner v. FanDuel, Inc., and DraftKings, Inc.
17-3051
Appeal from the United State District Court for the Southern District of Indianapolis, Indianapolis Division. Judge Tanya Walton Pratt.
Civil. Certifies the case to the Indiana Supreme Court pursuant to Indiana Rule of Appellate Procedure 64. Finds there is a dearth of state caselaw regarding right-to-publicity cases involving athletes.

The following Indiana Court of Appeals opinion was posted after IL deadline Monday:
CTB, Inc. and CTB, Inc. d/b/a CTB Logistics v. Justin Tunis and Nichole Tunis
17A-CT-3066
Civil tort. Reverses the denial of CTB, Inc.’s motion to transfer a case brought by Justin and Nicole Tunis to Kosciusko County. Finds a corporation’s “principal office” for purposes of Indiana Trial Rule 75(A)(4) is its “registered office” under Indiana’s corporation law, so CTB’s principal office is in Kosciusko County. Remands for further proceedings.

Indiana Court of Appeals

Q. D.-A., Inc. v. Indiana Department of Workforce Development
93A02-1703-EX-556
Agency. Reverses a Liability Administrative Law Judge’s determination that a claimant was an employee of A.D.-A., Inc. rather than an independent contractor, making Q.D.-A. liable to the state for unemployment insurance taxes. Finds the LALJ’s determination that claimant was not free from the company’s control and direction was contrary to the substantial evidence. Also finds the LALJ’s determination that the claimant performed services that are within with company’s usual course of business was contrary to the substantial evidence. Finally, finds the claimant was customarily engaged in an independently established trade, occupation, profession or business of transporting commodities. Judge Melissa May dissents with separate opinion.

7th Circuit Court of Appeals
John Doe, formerly known as Jane Doe v. Eric Holcomb, in his official capacity as Governor of the State of Indiana, et al.
17-1756
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Chief Judge Jane Magnus-Stinson. Affirms the dismissal of John Doe’s case alleging the citizenship requirement in Indiana’s name-change statute is unconstitutional. Finds the 11th Amendment bars Doe’s claims. Chief Judge Diane Wood dissents with separate opinion.

Indiana Court of Appeals
In the Matter of the Parent-Child Relationship of: C.A. (Minor Child), And M.A. (Mother) v. The Indiana Department of Child Services (mem. dec.)
54A01-1709-JT-2139
Juvenile termination of parental rights. Affirms the termination of M.M.A.’s parental rights to her child, C.A. Finds the Indiana Department of Child Services presented clear and convincing evidence to support the termination of M.M.A.’s parental rights.

The following Indiana Supreme Court opinion was posted after IL deadline Tuesday:
In the Matter of Robert John Wray
02S00-1511-DI-648
Disciplinary. Suspends Robert John Wray from the practice of law in Indiana for at least nine months without automatic reinstatement. Finds Wray engaged in attorney misconduct arising from his solicitation of clients through a nonlawyer intermediary. Justice Christopher Goff, who was the hearing officer in this discipline case, did not participate.

Indiana Court of Appeals
Craig D. Severance and Catherine Severance v. The Pleasant View Homeowners Association, Inc.
29A02-1708-PL-1695
Civil plenary. Reverses the denial of Craig and Catherine Severance’s request for damages and the denial of the Pleasant View Homeowners Association, Inc.’s request for a permanent injunction against the Severances. Finds the Hamilton Superior Court’s judgment contained erroneous findings and conclusions that limited the issues available for its consideration. Remands for further proceedings.

Indiana Court of Appeals

In the Matter of the Involuntary Termination of the Parent-Child Relationship of: N.R.V. (Minor Child) and N.M.V. (Mother) v. The Indiana Department of Child Services (mem.dec.)
45A05-1709-JT-2211
Juvenile termination of parental rights. Affirms the termination of N.M.V.’s parental rights to N.R.V. Finds the evidence is sufficient to support the juvenile court’s order termination N.M.V.’s parental rights.

Indiana Supreme Court
Jacob O. Robinson v. State of Indiana
18S-CR-33
Criminal. Affirms Jacob Robinson’s convictions of attempted residential entry as a Class D felony, resisting law enforcement as a Level 6 felony and his admission to being a habitual substance offender, as well as his three-year sentence on the attempted residential entry charge. Finds the Floyd Circuit Court did not abuse its discretion in denying Robinson’s motion for a continuance. Also finds Robinson’s sentence for attempted residential entry is not inappropriate.

Indiana Court of Appeals
D.Z. v. State of Indiana
32A05-1708-JV-1907
Juvenile. Reverses D.Z.’s delinquency adjudication for an act that would have been criminal mischief as a Class B misdemeanor if committed by an adult. Finds the juvenile court abused its discretion when it admitted D.Z.’s incriminating statements to a school official, who was working in cooperation with law enforcement. Judge John Baker concurs with separate opinion. Judge Elain Brown dissents with separate opinion.

Indiana Court of Appeals
Jason H. Bader v. State of Indiana (mem. dec.)
79A02-1706-CR-1404
Criminal. Affirms Jason H. Bader’s 22-year aggregate sentence, with 16 years in the Indiana Department of Correction, four years in community corrections and two years suspended to probation, for his convictions of dealing in methamphetamine, dealing in a synthetic drug or lookalike substance and possession of paraphernalia. Finds Bader has not sustained his burden of establishing his sentence is inappropriate in light of the nature of the offense and his character.

Indiana Court of Appeals

City of Hammond v. Herman & Kittle Properties, Inc.
49A04-1612-PL-2784
Civil plenary. Reverses the grant of summary judgment in favor of Herman & Kittle Properties, Inc. on the City of Hammond’s complaint for declaratory judgment alleging violations of Article 4, Sections 22 and 23 of the Indiana Constitution. Finds Indiana Code section 36-1-20-5 must be stricken in its entirety. Remands for further proceedings.

Indiana Court of Appeals

In the Matter of E.Y., Child in Need of Services, and U.F. (Mother) v. Indiana Department of Child Services
49A02-1707-JC-1634
Juvenile CHINS. Reverses the adjudication of U.F.’s son, E.Y., as a child in need of services. Finds the Marion Superior Court clearly erred when it found E.Y. to be a CHINS. Judge Michael Barnes dissents with separate opinion.

Indiana Supreme Court

Billy Brantley v. State of Indiana
18S-CR-98
Criminal. Grants transfer and affirms Billy Brantley’s conviction of voluntary manslaughter. Finds there was evidence Brantley acted in either sudden heat or self-defense.

Indiana Supreme Court
Mathew W. McCallister v. State of Indiana
87S00-1609-LW-497
Life without parole. Affirms Mathew McCallister’s convictions of murder and conspiracy to commit murder and his sentence to life without parole. Finds McCallister’s convictions were supported by sufficient evidence. Also finds the Warrick Superior Court did not commit reversible error in admitting evidence. Finally, finds McCallister’s LWOP sentence is neither unlawful nor improper.

Indiana Supreme Court
Don H. Gunderson and Bobbie J. Gunderson, Co-Trustees of the Don H. Gunderson Living Trust v. State of Indiana, Indiana Department of Natural Resources, Alliance for the Great Lakes, et al.
46S03-1706-PL-423
Civil plenary. Affirms the LaPorte Superior Court’s ruling that the state holds title to the Lake Michigan shores in trust for the public. Reverses the trial court’s decision that private property interests here overlap with those of the state. Finds the boundary separating public trust land from privately-owned riparian land along the shores of Lake Michigan is the common-law ordinary high water mark and, absent legislative conveyance, the state retains exclusive title up to that boundary. Justice Geoffrey Slaughter did not participate.

The following 7th Circuit Court of Appeals opinion was posted after IL deadline Monday:
David Thorne v. Member Select Insurance Company
17-1377
Appeal from the United States District Court for the Northern District of Indiana, Hammond Division. Magistrate Judge John. E. Martin.
Civil. Affirms the denial of Member Select Insurance Company’s motion for judgment as a matter of law. Finds there was sufficient evidence to prove David Thorne was a resident of the house for purposes of his insurance policy. Also finds there was sufficient evidence for the jury to determine damages, and the district court did not misinterpret the policy’s loss coverage provision in evaluating whether the evidence was sufficient to support the jury’s damages award.