Opinions Oct. 4, 2012

October 4, 2012
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7th Circuit Court of Appeals
Angelina Povey v. City of Jeffersonville, Indiana
U.S. District Court, Southern District of Indiana, New Albany Division, Judge Richard L. Young.
Civil. Affirms summary judgment for the city on Povey’s claim that her termination of employment by the city animal shelter violated the Americans with Disabilities Act and on her retaliation claim. Povey failed to meet her burden to demonstrate that she was disabled under the ADA and is not protected by its provisions.

Indiana Supreme Court and Tax Court posted no opinions by IL deadline.

Indiana Court of Appeals

In the Matter of Minor Children Alleged to be in Need of Services, T.G., A.G., and D.G., Minor Children; L.E., Mother v. Indiana Dept. of Child Services (NFP)
Juvenile CHINS. Affirms finding children are children in need of services.  

L.D.P. v. State of Indiana (NFP)
Juvenile. Affirms order L.D.P. pay restitution secondary to her adjudication as a delinquent child.

Ryan K. Powell v. State of Indiana (NFP)
Criminal. Affirms revocation of placement in community corrections and revocation of probation.

Ronald A. Bohannon v. State of Indiana (NFP)
Criminal. Affirms post-conviction court did not err in denying claim that Bohannon’s sentence violated prohibitions against double jeopardy, that the state violated I.C. 35-34-1-5(e), and in finding that Bohannon received effective assistance of counsel. Remands to correct his sentence in accordance with the post-conviction court’s determination that his original sentence for Count III was impermissibly enhanced twice.

D.B. v. State of Indiana (NFP)
Post conviction. Affirms denial of petition for post-conviction relief.

Brandon A. Henson v. State of Indiana (NFP)
Criminal. Affirms conviction of Class A felony attempted murder.

David Allen Jones v. State of Indiana (NFP)
Criminal. Affirms conviction of Class A felony attempted murder.

Justine Miller v. Anonymous Healthcare Organization, DOE 1, DOE 2, DOE 3, DOE 4, and DOE 5 (NFP)
Civil tort. Affirms grant of summary judgment in favor of the health care organization on Miller’s claims of slander and infliction of emotional distress.

Melissa Ramos Johnson v. State of Indiana (NFP)
Criminal. Affirms sentence following guilty plea to Class B felonies aggravated battery and neglect of a dependent.

Thomas Carr v. State of Indiana (NFP)
Criminal. Affirms sentence for two counts of Class B felony robbery while armed with a deadly weapon and two counts of possession of a firearm by a serious violent felon.

Marcel D. Johnson v. State of Indiana (NFP)
Criminal. Affirms convictions of Class B felony dealing in cocaine and Class A misdemeanor possession of marijuana.


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