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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.
13-3054
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
14-1634
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.
41S04-1408-AD-515
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)
49A05-1406-PC-289
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)

45A03-1406-JT-193
Juvenile. Affirms involuntary termination of parental rights.

Joanna Latrice Stokes v. State of Indiana (NFP)
45A03-1404-CR-140
Criminal. Affirms convictions of two counts of Class B felony neglect of a dependent.  

Matthew D. Tribble v. State of Indiana (NFP)
79A02-1404-CR-290
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)
90A04-1406-CR-264
Criminal. Affirms conviction of Class D felony performing sexual misconduct in the presence of a minor.

Charles W. Wright v. Whitney Timberlake (NFP)
13A01-1409-MI-402
Miscellaneous. Affirms order granting motion to dismiss filed by Timberlake.

Jamar Washington v. State of Indiana (NFP)
49A02-1405-CR-306
Criminal. Affirms conviction of dealing in cocaine as a Class A felony.

T.M.T. v. State of Indiana (NFP)
71A03-1405-JV-164
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)
92A03-1404-CR-128
Criminal. Affirms convictions of Class A misdemeanor possession of paraphernalia and Class D felony possession of marijuana.

Jeffery Blackmon v. State of Indiana (NFP)
49A02-1406-PC-423
Post conviction. Affirms denial of petition for post-conviction relief.

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

39A05-1406-CR-255
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)
02A04-1405-JT-212
Juvenile. Affirms termination of parental rights.

Juan M. Fox v. State of Indiana (NFP)
33A05-1403-MI-120
Miscellaneous. Affirms revocation of parole.

Harold Bishop v. State of Indiana (NFP)
49A02-1405-CR-367
Criminal. Affirms conviction of Class A felony attempted murder.

 

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