Opinions Dec. 23, 2014

December 23, 2014

The following 7th Circuit Court of Appeals opinion was posted after IL deadline Monday:
Dorothy J. Evans, et al. v. Greenfield Banking Co. and Joana Springmier, et al.
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Tanya Walton Pratt.
Civil. Finds the District Court properly dismissed Evans’ case for lack of jurisdiction because the allegations made in the complaint are outside the scope of state court review and as a result, out of the scope of review by the appeals court. Decisions made by the secretary of Veterans Affairs regarding benefits can be challenged in accordance with the statutorily prescribed process.

Tuesday’s opinions
7th Circuit Court of Appeals

Carol Ann Maurer v. Speedway LLC, #5487
U.S. District Court, Northern District of Indiana, South Bend Division, Magistrate Judge Christopher A. Nuechterlein.
Civil. Affirms jury verdict for Speedway on Maurer’s lawsuit alleging the gas station is responsible for injuries she suffered when she fell off a curb walking around a display outside of the store. The ordinance Maurer sought to include was properly excluded as irrelevant because it applies to a class of people who have a disability, which Maurer does not belong to. In addition, a customer of reasonable prudence would readily observe the display and understand the risks association with traversing a narrowed walkway.

Indiana Supreme Court
In Re the Adoption of B.C.H.
Adoption. Vacates the trial court’s decision to grant stepfather’s petition to adopt B.C.H. and remands for a hearing on the child’s best interests in the adoption and other proceedings consistent with this opinion. At this hearing, the grandparents, who had primary custody of B.C.H. for the first four years of her life, shall be given the opportunity to give or withhold consent to the child’s adoption. They were not served with legal notice of the adoption.

Indiana Court of Appeals
Jose Rodriquez v. State of Indiana (NFP)
Post conviction. Affirms denial of petition for post-conviction relief.

In the Matter of the Termination of the Parent-Child Relationship of: M.B., S.B., and C.B., Minor Children, and L.B., Mother v. Indiana Department of Child Services, et al (NFP)

Juvenile. Affirms involuntary termination of parental rights.

Joanna Latrice Stokes v. State of Indiana (NFP)
Criminal. Affirms convictions of two counts of Class B felony neglect of a dependent.  

Matthew D. Tribble v. State of Indiana (NFP)
Criminal. Affirms convictions of Class D felony auto theft and Class D felony battery by bodily waste.

Fabian Suarez Guadarrama v. State of Indiana (NFP)
Criminal. Affirms conviction of Class D felony performing sexual misconduct in the presence of a minor.

Charles W. Wright v. Whitney Timberlake (NFP)
Miscellaneous. Affirms order granting motion to dismiss filed by Timberlake.

Jamar Washington v. State of Indiana (NFP)
Criminal. Affirms conviction of dealing in cocaine as a Class A felony.

T.M.T. v. State of Indiana (NFP)
Juvenile. Affirms adjudication as a delinquent child for committing what would be Class C felony child molesting if committed by an adult.

Joshua S. Ramon v. State of Indiana (NFP)
Criminal. Affirms convictions of Class A misdemeanor possession of paraphernalia and Class D felony possession of marijuana.

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

Darci J. McFadden v. State of Indiana (NFP)

Criminal. Affirms sentence following revocation of probation.

In the Matter of the Termination of the Parent-Child Relationship of: L.D.H., D.M.H., K.M.H., and N.M.H. (Minor Children) B.J.H. (Mother) v. The Indiana Department of Child Services (NFP)
Juvenile. Affirms termination of parental rights.

Juan M. Fox v. State of Indiana (NFP)
Miscellaneous. Affirms revocation of parole.

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