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Opinions Sept. 5, 2014

September 5, 2014

7th Circuit Court of Appeals
The following opinions were issued after IL deadline Thursday.

Marilyn Rae Baskin v. Penny Bogan
14-2386
Midori Fujii v. Commissioner of the Indiana State Department of Health
14-2387
Pamela Lee v. Brian Abbott
14-2388
U.S. District Court, Southern District of Indiana, Indianapolis Division, Chief Judge Richard Young
Civil. Affirms District Court judgment invalidating and enjoining Indiana and Wisconsin prohibitions on same-sex marriage. The 7th Circuit consolidated the three same-sex marriage cases from Indiana into one opinion with the single case from Wisconsin, Wolf et al. v. Walker, et al., 14:2526. The court confined its ruling to the 14th Amendment’s Equal Protection Clause and did not address the plaintiffs’ due process arguments. Rejects Indiana’s responsible procreation argument, finding Indiana’s prohibition on same-sex marriage discriminates against gays and lesbians.

Heather Browning v. Carolyn W. Colvin, acting Commissioner of Social Security
13-3836
U.S. District Court, Southern District of Indiana, Evansville Division, Magistrate Judge William G. Hussman, Jr.
Civil. Reverses denial of Supplemental Social Security income benefits to Browning. Chastises the administrative law judge for not adequately considering Browning’s physical disability and low IQ score when finding she could at least do sedentary work. Also finds the judge’s assessment of jobs that the plaintiff might be able to fill was based on unreliable and inaccurate sources.

Indiana Court of Appeals
Jerome Yates v. State of Indiana
49A02-1312-CR-993
Criminal. Affirms conviction of Class A misdemeanor resisting law enforcement. Rejects argument that Yates could not have been convicted of the crime because he did not have a duty to stop on the bicycle he was riding.

In the Matter of B.W. and A.K., Alleged to be Children in Need of Services, A.C. (Mother) v. Indiana Department of Child Services
27A05-1401-JC-29
Juvenile. Reverses order appointing guardians over B.W. and A.K. and remands with orders the court reunite the children with their mother. DCS failed to present clear and convincing evidence that mother is currently unable to provide a safe home for the children or that the guardianships are in the children’s best interests.

Brenda K. Tipton v. Margaret Isaacs, M.D., St. Vincent Hospital and Healthcare Center a/k/a Ascension Health, Christina Francis, M.D., and James R. Minor, M.D.
49A05-1311-CT-541
Civil tort. Affirms summary judgment in favor of defendants after a hysterectomy, finding that the consent form Tipton signed is determinative of all issues raised on appeal.

Cardinal Ritter High School, Inc. v. Aleesha Bullock
93A02-1401-EX-47
Agency action. Holds that the Indiana Civil Rights Commission has jurisdiction over the basketball team at a private religious institution but vacates the $25,000 award for emotional damages to Bullock made by an administrative law judge. The ALJ did not hear the evidence or observe the witnesses, and because the case hinged on the credibility of witnesses, this is contrary to the constitutional rights of the parties. Remands with instructions to conduct a new hearing and issue a timely ruling.

In the Matter of the Involuntary Termination of the Parent-Child Relationship of G.G., Minor Child, and Her Mother, S.V., S.V. v. Indiana Department of Child Services (NFP)
02A04-1403-JT-105
Juvenile. Affirms termination of parental rights.

Jordan W. Buskirk v. State of Indiana (NFP)
28A01-1404-CR-172
Criminal. Affirms 81-year executed sentence following a guilty plea to Class A felony charges of murder and conspiracy to commit murder and Class B felony conspiracy to commit rape.

Anthony W. McGriff v. State of Indiana (NFP)
90A02-1312-CR-1014
Criminal. Affirms eight-year sentence for conviction of Class B felony burglary.

Shaun Cox v. State of Indiana (NFP)
48A05-1312-CR-588
Criminal. Affirms 40-year sentence for convictions of five counts of Class A felony child molesting.

Jeffrey S. Burke v. State of Indiana (NFP)
52A02-1402-CR-64
Criminal. Affirms revocation of probation.

In the Matter of the Termination of the Parent-Child Relationship of: R.W. & K.W., Minor Children, and B.W., Father v. The Indiana Department of Child Services (NFP)
http://media.ibj.com/Lawyer/websites/opinions/index.php?pdf=2014/september/09051405msm.pdf
79A02-1402-JT-120
Juvenile. Affirms termination of parental rights.

M.M. v. State of Indiana (NFP)
49A04-1312-JV-622
Juvenile. Affirms placement in a secure juvenile facility following violation of a court-ordered curfew and adjudication as delinquent for conduct that would be Class D felony theft if committed by an adult.

In re the Adoption of E.H. and M.H., S.H. and B.S. v. M.S. and S.S. and the Indiana Department of Child Services (NFP)
27A02-1401-AD-35
Adoption. Affirms denial of S.H. and B.S.’s motion to intervene in the adoption of minor children E.H. and M.H. by M.S. and S.S.
 
Cynthia S. Giema v. Chrysler Group, LLC, Bosak Motor Sales, Inc., Will Farrellbegg, Jerry P. Giema and Rosemary Giema, Cynthia R. Novotny, and Kathy Willman (NFP)
37A04-1402-PL-76
Civil plenary. Affirms grant of summary judgment in favor of Chrysler Group, LLC.
 
Theola Ann Heggler v. State of Indiana (NFP)
71A03-1312-CR-490
Criminal. Dismisses as untimely Heggler’s appeal of her conviction of Class D felony welfare fraud.
 

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