Opinions Nov. 18, 2014

Keywords neglect / Opinions
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7th Circuit Court of Appeals
The following opinion was filed after IL deadline Monday.
Charles Keller v. United States of America
U.S. District Court, Southern District of Indiana, Terre Haute Division.
Judge Jane Magnus-Stinson.
Civil. Reverses summary judgment in favor of the government and remands for further proceedings. Concludes summary judgment was improperly granted because the government did not sustain its burden that the discretionary function exception in the Federal Tort Claims Act shielded it from liability. The Circuit Court said determining whether the psychologist and prison guards acted according to policy was impossible because the information about the regulations and procedures was heavily redacted and scant. It found the record was too limited to support summary judgment.   

Indiana Court of Appeals
In the Matter of the Termination of the Parent-Child Relationship of E.P. III and E.P. Jr. (Father) v. Indiana Dept. of Child Services
Juvenile. Affirms father’s termination of parental rights. Father did not object to the same judge who presided in his Class B felony child molesting and neglect convictions presiding in his termination of parental rights proceedings, therefore the argument first raised on appeal is waived. There also was sufficient evidence to support the termination of parental rights.

Jason E. Jackson v. State of Indiana (NFP)

Criminal. Affirms conviction of Class A misdemeanor operating a vehicle while suspended.
Jack E. Primmer v. State of Indiana (NFP)
Post conviction. Affirms denial of post-conviction relief.

Michelle R. Ruggio v. Review Board of the Indiana Department of Workforce Development, et. al. (NFP)
Agency action. Affirms notice of dismissal by the Unemployment Insurance Review Board.

Charles Tinsley v. State of Indiana (NFP)
Criminal. Affirms conviction of murder.

Montez Belmar v. State of Indiana (NFP)

Criminal. Affirms convictions of Class C felony possession of cocaine and Class C misdemeanor operating a vehicle never having received a license.

K.M. v. D.S. (NFP)
Protective order. Affirms issuance of a protection order against K.M.

Kenneth W. Gibbs v. State of Indiana (NFP)
Criminal. Affirms denial of petition to file a belated notice of appeal of denial of a motion to correct erroneous sentence.

Benjamin S. McMillen v. State of Indiana (NFP)
Criminal. Affirms 18-year sentence following reinstatement of a suspended sentence and conviction in a separate case of Class B felony dealing in a Schedule II controlled substance.


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