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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. Why in the world would someone need a person to correct a transcript when a realtime court reporter could provide them with a transcript (rough draft) immediately?

  2. This article proved very enlightening. Right ahead of sitting the LSAT for the first time, I felt a sense of relief that a score of 141 was admitted to an Indiana Law School and did well under unique circumstances. While my GPA is currently 3.91 I fear standardized testing and hope that I too will get a good enough grade for acceptance here at home. Thanks so much for this informative post.

  3. No, Ron Drake is not running against incumbent Larry Bucshon. That’s totally wrong; and destructively misleading to say anything like that. All political candidates, including me in the 8th district, are facing voters, not incumbents. You should not firewall away any of voters’ options. We need them all now more than ever. Right? Y’all have for decades given the Ds and Rs free 24/7/365 coverage of taxpayer-supported promotion at the expense of all alternatives. That’s plenty of head-start, money-in-the-pocket advantage for parties and people that don’t need any more free immunities, powers, privileges and money denied all others. Now it’s time to play fair and let voters know that there are, in fact, options. Much, much better, and not-corrupt options. Liberty or Bust! Andy Horning Libertarian for IN08 USA House of Representatives Freedom, Indiana

  4. A great idea! There is absolutely no need to incarcerate HRC's so-called "super predators" now that they can be adequately supervised on the streets by the BLM czars.

  5. One of the only qualms I have with this article is in the first paragraph, that heroin use is especially dangerous because it is highly addictive. All opioids are highly addictive. It is why, after becoming addicted to pain medications prescribed by their doctors for various reasons, people resort to heroin. There is a much deeper issue at play, and no drug use should be taken lightly in this category.

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