7th Circuit Court of Appeals
M.B., by his parents and next friends, Damian Berns and Amy Berns v. Hamilton Southeastern Schools and Hamilton-Boone-Madison Special Services
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Tanya Walton Pratt.
Civil. Affirms summary judgment in favor of the schools on the Berns’ suit that the schools violated the Individuals with Disabilities Education Act and the provisions relating to special education in the Indiana Administrative Code by failing to provide M.B. with a free appropriate public education. There was nothing unreasonable about the determination by the hearing officer, the Board of Special Education Appeals, and the District Court in finding that M.B. was making progress under his individualized education program. The Berns are also not entitled to reimbursement for the costs to place M.B. in a learning center or for attorney fees.
Indiana Court of Appeals
Carl A. Staples v. State of Indiana
Criminal. Affirms trial court’s determination that Staples committed a crime of domestic violence and is now precluded from possessing a firearm in the future. It was reasonable to infer from the facts of the case that Staples and Tamica Burnett were, or had been, in a dating relationship.
James Lowery v. State of Indiana (NFP)
Criminal. Affirms sentence following guilty plea to manufacture of more than 10 pounds of marijuana as a Class C felony.
Gary J. Harrison v. Linda Turner and Deborah Hric (NFP)
Civil plenary. Affirms summary judgment in favor of nurses Turner and Hric.
Jeremy Dewayne Matheny v. State of Indiana (NFP)
Criminal. Affirms conviction of Class C misdemeanor operating a vehicle while intoxicated.
In the Matter of the Term. of the Parent-Child Rel. of T.D.T., T.T.T., and M.T., and A.D.T. v. The Indiana Dept. of Child Services (NFP)
Juvenile. Affirms involuntary termination of father’s parental rights.
Senior Market Development, LLC and Ahren Baumgart v. Titan Financial Group, LLC (NFP)
Civil plenary. Affirms judgment awarding Titan Financial Group attorney fees and expenses on the company’s complaint for breach of contract. Remands for an assessment of appellate attorney fees against Senior Market Development and Ahren Baumgart.
Katie Herrera v. State of Indiana (NFP)
Criminal. Affirms revocation of probation.
Matthew P. Philbee v. State of Indiana (NFP)
Criminal. Affirms convictions of Class A felony child molesting, Class C felony child molesting, and Class D felony vicarious sexual gratification.
Stephen N. Kohlmeyer v. State of Indiana (NFP)
Criminal. Affirms conviction of Class C misdemeanor operating a vehicle with ACE of 0.08 or more.
Dewayne A. Dunn v. State of Indiana (NFP)
Criminal. Affirms conviction of murder.
Mary Lou Duff v. Shawn D. Duff and Rebecca Duff (NFP)
Civil plenary. Affirms ruling that Mary Lou Duff’s complaint to recover possession of personal property is barred under the principles of res judicata.
George Parker v. State of Indiana (NFP)
Criminal. Affirms sentence following guilty plea to Class A felony dealing in cocaine.
R.S. v. State of Indiana (NFP)
Juvenile. Affirms order committing R.S. to the Indiana Department of Correction.
Roy N. Viverette, Jr. v. State of Indiana (NFP)
Criminal. Affirms sentence following guilty plea to three counts of Class B felony burglary.
Nathaniel Bobo v. State of Indiana (NFP)
Criminal. Affirms sentence following guilty plea to Class B felony aggravated battery.
Curtis W. Birner v. State of Indiana (NFP)
Criminal. Affirms sentence following guilty plea to Class C felonies carrying a handgun without a license and intimidation.
Valgene Royal v. State of Indiana (NFP)
Criminal. Dismisses appeal of the trial court’s denial of Royal’s motion for sentence modification.
Term. of Parent-Child Rel. of T.C. and K.N.; A.N. (Mother) and J.C. (Father) v. Indiana Dept. of Child Services (NFP)
Juvenile. Affirms termination of parental rights.
Nicole Nelson v. Review Board of Workforce Development and Madison Center, Inc. (NFP)
Agency appeal. Affirms dismissal of Nelson’s appeal to the Review Board of the Indiana Department of Workforce Development on the grounds she didn’t timely file it.
Shawn Thomas v. State of Indiana (NFP)
Criminal. Affirms denial of motion for withdrawal of guilty plea.
The Indiana Supreme Court and Tax Court had posted no opinions at IL deadline.