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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. The sad thing is that no fish were thrown overboard The "greenhorn" who had never fished before those 5 days was interrogated for over 4 hours by 5 officers until his statement was illicited, "I don't want to go to prison....." The truth is that these fish were measured frozen off shore and thawed on shore. The FWC (state) officer did not know fish shrink, so the only reason that these fish could be bigger was a swap. There is no difference between a 19 1/2 fish or 19 3/4 fish, short fish is short fish, the ticket was written. In addition the FWC officer testified at trial, he does not measure fish in accordance with federal law. There was a document prepared by the FWC expert that said yes, fish shrink and if these had been measured correctly they averaged over 20 inches (offshore frozen). This was a smoke and mirror prosecution.

  2. I love this, Dave! Many congrats to you! We've come a long way from studying for the bar together! :)

  3. This outbreak illustrates the absurdity of the extreme positions taken by today's liberalism, specifically individualism and the modern cult of endless personal "freedom." Ebola reminds us that at some point the person's own "freedom" to do this and that comes into contact with the needs of the common good and "freedom" must be curtailed. This is not rocket science, except, today there is nonstop propaganda elevating individual preferences over the common good, so some pundits have a hard time fathoming the obvious necessity of quarantine in some situations....or even NATIONAL BORDERS...propagandists have also amazingly used this as another chance to accuse Western nations of "racism" which is preposterous and offensive. So one the one hand the idolatry of individualism has to stop and on the other hand facts people don't like that intersect with race-- remain facts nonetheless. People who respond to facts over propaganda do better in the long run. We call it Truth. Sometimes it seems hard to find.

  4. It would be hard not to feel the Kramers' anguish. But Catholic Charities, by definition, performed due diligence and held to the statutory standard of care. No good can come from punishing them for doing their duty. Should Indiana wish to change its laws regarding adoption agreements and or putative fathers, the place for that is the legislature and can only apply to future cases. We do not apply new laws to past actions, as the Kramers seem intent on doing, to no helpful end.

  5. I am saddened to hear about the loss of Zeff Weiss. He was an outstanding member of the Indianapolis legal community. My thoughts are with his family.

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