Opinions April 14, 2021 – The Indiana Legal professional
The following statement by the 7th Court of Appeal was published on Tuesday after the IL deadline:
Roderick V. Lewis v. Dushan Zatecky
Appeals to the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Richard L. Young.
Civil. Reverses the rejection of Roderick Lewis’ motion for habeas corpus to be enacted. Notes that the last competent state court ruling contradicted the precedent set by the US Supreme Court in finding that Strickland, not Cronic, provided the applicable rule and that it was an improper use of Cronic, should it relate to focused this case. Request for issuance of the letter limited to re-conviction. Judge Michael Brennan contradicts with a separate opinion.
Indiana Court of Appeals
Lake County, Indiana v Paul G. House, Jr., Heather A. House, Mortgage Electronic Registration Systems, Inc., on behalf of Ditech Financial, LLC, Amy L. Lejeune, and other interested parties
Civil plenary. Reverses reopening Lake County’s previously dismissed complaint and issuing an injunction in favor of Paul G. House Jr., Heather A. House, Mortgage Electronic Registration Systems Inc. for Ditech Financial LLC, Amy L. LeJeune, and other interested parties . Finds that the Lake Supreme Court misused its discretion in granting Houses’ motion to reopen the conviction complaint so that Houses can challenge a fresh and unequivocal decision that formed the basis of the county’s original conviction complaint . Also finds that the appeals court is responsible for the immediate appeal.
ResCare Health Services, Inc. v Indiana Family and Social Services Administration – Medicaid Policy and Planning Bureau
Miscellaneous. Affirms the rejection of ResCare Health Services Inc.’s petition for judicial review and the petition for a judgment in favor of the Indiana Family and Social Services Administration – Office of Medicaid Policy and Planning with respect to ResCare’s petition for reimbursement the over-the-counter trading drugs. The FFSA’s interpretation that OTC drugs are not included in the daily rate for privately owned facilities for ICF / IID is not against the law. Refusing to reimburse unformulated OTC drugs is also not an unconstitutional decision under the Indiana Constitution. Finally, the Marion Superior Court found that it did not abuse its discretion in denying ResCare’s motion for a declaratory judgment to be issued.
Kevin R. Hemingway v Indiana State (mem. Dec.)
Criminal. Confirms Kevin R. Hemingway’s parole revocation and his entire 846-day suspended sentence. Finds the state has produced enough evidence to prove Hemingway broke his parole by committing a new crime, a household battery. The Dearborn Supreme Court also acted at its own discretion in ordering Hemingway to serve all of his suspended time in the Corrections Department.
Dontay Martin v Indiana State (mem. Dec.)
After the sentencing. Affirms disapproval of Dontay Martin’s request for post-conviction relief. Findings Martin has not shown that the evidence as a whole leads, unerringly and unmistakably, to a conclusion contrary to that of the court after the conviction. Martin’s request for relief after the conviction based on newly discovered evidence also fails.
Justin Lee McFadden v Indiana State (mem. Dec.)
Criminal. Reaffirms Justin Lee McFadden’s convictions for level 6 crimes against a public safety officer, restriction and obstruction of justice, and class A offenses for resisting law enforcement, household batteries, tampering with a law enforcement animal, and invasion of privacy. Finds the Madison Circuit Court did not abuse its discretion in joining McFadden’s two cases. The court also finds that it did not misuse its discretion in admitting the state’s evidence on McFadden’s previous domestic violence charges.
Kristin Eugene Smiley v Indiana State (mem. Dec.)
Criminal. Confirmed Kristin Smiley’s conviction of child advertising as a Level 4 crime and six year prison sentence. Notes that the state has clearly produced sufficient evidence to uphold Smiley’s conviction in Jennings Circuit Court of child solicitation. Smiley’s judgment is also not inappropriate given the nature of the offense and its character.
Mario Sims versus Pete Buttigieg; Mike Schmul; Tim Corbett; City of South Bend, Indiana; Stephanie Steele as a business consultant for the city of South Bend, Indiana; Tasha Reed Outlaw; Ann-Carol Nash; and Cristal Brisco (mem. dec.)
Civil tort. Confirms and partially overturns the St. Joseph Superior Court and Marshall Circuit Court’s denials of Mario Sims’ lawsuit alleging a conspiracy against him and the denial of his second motion to change jurisdiction. Finds that the St. Joseph Supreme Court duly dismissed Sims’ appeal, but all subsequent decisions should be considered null and void.