Opinions July 11, 2014

July 11, 2014
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The following opinions were posted after IL deadline Thursday:

7th Circuit Court of Appeals
Stephanie Sue Carlson v. CSX Transportation
13-1944 and 13-2054
U.S. District Court, Southern District of Indiana, Evansville Division, Chief Judge Richard Young.
Civil. Reinstates claims dismissed by the District Court for sexual discrimination and retaliation. Finds that the court erred by dismissing most of Carlson’s Title VII claims for failure to state a claim upon which relief can be granted or were precluded by the Railway Labor Act. Declines to grant CSX’s cross-motion for summary judgment and remands for proceedings.

Indiana Supreme Court
In re the Involuntary Termination of the Parent-Child Relationship of K.W., a Minor Child, and His Mother, C.C.; K.W. v. Indiana Department of Child Services and Child Advocates, Inc.
Juvenile. Vacates termination of mother C.C.’s parental rights to her son, K.W., holding that the juvenile court abused its discretion by denying a motion to continue the termination hearing for which the mother was absent because she had been jailed.

Friday's opinion
Indiana Court of Appeals

Scott A. Wright v. State of Indiana
Criminal. Vacates Wright’s conviction of Class A felony child molesting and remands for a new trial. Finds the trial court erred in replacing a juror during deliberations. The juror was the lone vote to acquit and had stopped deliberating but he was not prejudicing the other jurors nor impairing Wright’s right to a trial by jury. Moreover, the trial court failed to explain to the jury that the removal of the single juror was not because the court agreed or disagreed with the juror’s views.

A.H. v. C.E.G., on behalf of G.S.
Protective order. Reverses grant of injunction against A.H. under the Workforce Violence Restraining Orders Act, finding that because the case grows out of a labor dispute, it is governed by the Anti-Injunction Act and therefore the trial court had no jurisdiction to issue the injunction. Remands with instructions to dismiss C.E.G.’s petition without prejudice.

In the Matter of the Termination of the Parent-Child Relationship of: Z.C., Minor Child, S.C., Mother v. The Indiana Department of Child Services
Juvenile. Affirms termination of parental rights of mother S.C. to son Z.C. Holds DCS presented sufficient evidence that the conditions under which the child was removed from mother’s care would not be remedied and that termination was in the child’s best interests.

Drakkar R. Willis v. State of Indiana
Criminal. Affirms conviction of Class A misdemeanor criminal trespass. The majority held that circumstantial evidence in the case was sufficient to affirm the conviction in light of the ruling in Meehan v. State, 7 N.E.3d 255 (Ind. 2014), in which DNA on a glove found at a crime scene was sufficient to support a burglary conviction. Dissenting Judge Michael Barnes found that the evidence against Willis wasn’t sufficient and that the ruling in Meehan doesn’t demand that tenets of the definition of “proof beyond a reasonable doubt” be altered.

In the Matter of the Adoption of D.M.B., D.P.B. (Father) v. T.M.N. (Stepfather) (NFP)
Adoption. Affirms grant of stepfather’s petition of adoption.

Andrea M. Fears and Edwin G. Fears v. Charles W. Asxom and Peggy L. Axsom as Trustees of the Charles W. Axsom and Peggy L. Axsom Revocable Trust (NFP)
Civil plenary. Affirms denial of the Fearses’ motion for summary judgment.
Racxon Cruze McDowell v. State of Indiana (NFP)
Criminal. Affirms conviction of murder.

In the Matter of the Termination of the Parent-Child Relationship of: D.R., Minor Child, and A.R., Father v. The Indiana Department of Child Services (NFP)
Juvenile. Affirms involuntary termination of father A.R.’s parental rights to D.R.

Damon Quarles v. State of Indiana (NFP)
Criminal. Affirms denial of petition for credit time not previously awarded.

The Indiana Supreme Court and Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana opinions by IL deadline.


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