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Opinions Feb. 24, 2014

February 24, 2014
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7th Circuit Court of Appeals
University of Notre Dame v. Kathleen Sebelius, Secretary of U.S. Department of Health & Human Services, et. al. and Jane Doe 1, et al.
13-3853
Civil. Affirms on interlocutory appeal denial of an injunction blocking enforcement of the Affordable Care Act’s contraception mandate, holding that the requirement that the university submit a form opting out of paying for contraception services for women did not trigger provision of those services which insurers are required to provide under the law. Circuit Judge Joel Flaum dissented, holding that Notre Dame has shown a likelihood of success on the merits and he would therefore reverse the order denying the injunction.

Nora Chaib v. State of Indiana
13-1680
http://media.ibj.com/Lawyer/websites/opinions/index.php?pdf=2014/february/rssExec.pl-4.pdf
Civil. Affirms summary judgment granted to the Indiana Department of Correction on all of Chaib’s claims regarding discrimination and retaliation. Finds Chaib failed to provide evidence that her employer treated her differently because of her gender and national origin.

Patrick Hayden and Melissa Hayden, on behalf of their minor child, A.H. v. Greensbrug Community School Corp., et al.
13-1757
Civil. Affirms judgment in favor of the school district on due process claim. Reverses judgment in favor of the school on the equal protection and Title IX claims. Finds the Haydens have established that the hair-length policy as applied only to boys playing basketball discriminates based on sex. Remands to the U.S. District Court for the Southern District of Indiana, Indianapolis Division, to determine appropriate relief on these claims.

Indiana Court of Appeals
David J. Harman v. State of Indiana
45A05-1304-CR-153
Criminal. Affirms conviction of Class A felony attempted murder and 45-year sentence, holding that evidence of the victim’s prior criminal history was properly excluded and that the sentence was not inappropriate due to the brutality of the offense and in light of Harman’s character.

In Re: Paternity of J.M.; C.M. v. T.S.
18A02-1308-JP-684
Juvenile paternity. Reverses denial of an incarcerated father’s motion for a hearing to determine the amount of his child support arrearage and the propriety of the garnishment of his inmate trust fund account. Remands with instructions for the trial court to conduct an evidentiary hearing to determine the arrearage, the father’s ability to pay, a reasonable payment schedule, and the entry of an income withholding order.

Shawn Blount v. State of Indiana
49A02-1304-CR-365
Criminal. Reverses and remands Blount’s conviction of Class B felony possession of a firearm by a serious violent felon. Finds the trial court erroneously admitted hearsay evidence when it allowed a detective to tell the jury that a mother and her son gave him the nickname of the shooter that was later identified as Blount.

Richard Wilkins v. State of Indiana (NFP)
49A05-1306-CR-309
Criminal. Affirms conviction of Class B felony dealing in a narcotic drug. Reverses and remands with instructions to vacate conviction for Class B felony conspiracy to commit dealing in a narcotic drug. Concludes Wilkins’ convictions violated double jeopardy.

In the Matter of the Termination of the Parent-Child Relationship of: K.R. (minor child); S.R. (Mother) v. The Indiana Department of Child Services (NFP)
02A05-1308-JT-400
Juvenile. Affirms involuntary termination of S.R.’s (mother) parental rights to her child, K.R.
 
In the Matter of the Termination of the Parent-Child Relationship of: C.M. & J.H. (Minor Children) and C.M. (Mother) v. The Indiana Department of Child Services (NFP)
45A04-1309-JT-456
Juvenile. Affirms involuntary termination of C.M.’s (mother) parental rights to minor children C.M. and J.H.  

The Indiana Supreme Court and the Indiana Tax Court did not post any opinions by IL deadline.
 

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  1. Bill Satterlee is, indeed, a true jazz aficionado. Part of my legal career was spent as an associate attorney with Hoeppner, Wagner & Evans in Valparaiso. Bill was instrumental (no pun intended) in introducing me to jazz music, thereby fostering my love for this genre. We would, occasionally, travel to Chicago on weekends and sit in on some outstanding jazz sessions at Andy's on Hubbard Street. Had it not been for Bill's love of jazz music, I never would have had the good fortune of hearing it played live at Andy's. And, most likely, I might never have begun listening to it as much as I do. Thanks, Bill.

  2. The child support award is many times what the custodial parent earns, and exceeds the actual costs of providing for the children's needs. My fiance and I have agreed that if we divorce, that the children will be provided for using a shared checking account like this one(http://www.mediate.com/articles/if_they_can_do_parenting_plans.cfm) to avoid the hidden alimony in Indiana's child support guidelines.

  3. Fiat justitia ruat caelum is a Latin legal phrase, meaning "Let justice be done though the heavens fall." The maxim signifies the belief that justice must be realized regardless of consequences.

  4. Indiana up holds this behavior. the state police know they got it made.

  5. Additional Points: -Civility in the profession: Treating others with respect will not only move others to respect you, it will show a shared respect for the legal system we are all sworn to protect. When attorneys engage in unnecessary personal attacks, they lose the respect and favor of judges, jurors, the person being attacked, and others witnessing or reading the communication. It's not always easy to put anger aside, but if you don't, you will lose respect, credibility, cases, clients & jobs or job opportunities. -Read Rule 22 of the Admission & Discipline Rules. Capture that spirit and apply those principles in your daily work. -Strive to represent clients in a manner that communicates the importance you place on the legal matter you're privileged to handle for them. -There are good lawyers of all ages, but no one is perfect. Older lawyers can learn valuable skills from younger lawyers who tend to be more adept with new technologies that can improve work quality and speed. Older lawyers have already tackled more legal issues and worked through more of the problems encountered when representing clients on various types of legal matters. If there's mutual respect and a willingness to learn from each other, it will help make both attorneys better lawyers. -Erosion of the public trust in lawyers wears down public confidence in the rule of law. Always keep your duty to the profession in mind. -You can learn so much by asking questions & actively listening to instructions and advice from more experienced attorneys, regardless of how many years or decades you've each practiced law. Don't miss out on that chance.

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