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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. Thank you, John Smith, for pointing out a needed correction. The article has been revised.

  2. The "National institute for Justice" is an agency for the Dept of Justice. That is not the law firm you are talking about in this article. The "institute for justice" is a public interest law firm. http://ij.org/ thanks for interesting article however

  3. I would like to try to find a lawyer as soon possible I've had my money stolen off of my bank card driver pressed charges and I try to get the information they need it and a Social Security board is just give me a hold up a run around for no reason and now it think it might be too late cuz its been over a year I believe and I can't get the right information they need because they keep giving me the runaroundwhat should I do about that

  4. It is wonderful that Indiana DOC is making some truly admirable and positive changes. People with serious mental illness, intellectual disability or developmental disability will benefit from these changes. It will be much better if people can get some help and resources that promote their health and growth than if they suffer alone. If people experience positive growth or healing of their health issues, they may be less likely to do the things that caused them to come to prison in the first place. This will be of benefit for everyone. I am also so happy that Indiana DOC added correctional personnel and mental health staffing. These are tough issues to work with. There should be adequate staffing in prisons so correctional officers and other staff are able to do the kind of work they really want to do-helping people grow and change-rather than just trying to manage chaos. Correctional officers and other staff deserve this. It would be great to see increased mental health services and services for people with intellectual or developmental disabilities in the community so that fewer people will have to receive help and support in prisons. Community services would like be less expensive, inherently less demeaning and just a whole lot better for everyone.

  5. Can I get this form on line,if not where can I obtain one. I am eligible.

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