Opinions June 15, 2015

June 15, 2015

7th Circuit Court of Appeals
Marc Shell v. Kevin Smith, in his official capacity as Mayor of the City of Anderson, et al.
Civil. Reverses summary judgment in favor of Anderson defendants and remands Shell’s Americans with Disabilities Act claim for proceedings in the District Court. Shell, a mechanic’s helper in the City of Anderson Transit System, claimed his firing after a change of city administration violated his rights under the ADA because he’d held the position for 12 years. He was unable to obtain a commercial driver’s license due to hearing and vision impairment and was fired after a new administrator enforced a job description requirement that he obtain a CDL. Because of evidence and reasonable inferences favorable to both parties, summary judgment was inappropriate.

Indiana Court of Appeals
K.G. v. State of Indiana (mem. dec.)
Juvenile. Affirms adjudication as a delinquent child for an act that would be Class A misdemeanor battery if committed by an adult.
Theron L. Bailey v. State of Indiana (mem. dec.)
Post conviction. Affirms denial of post-conviction relief.

Tianyve D. Stitts v. State of Indiana (mem. dec.)
Criminal. Affirms convictions of Class C felony escape, three counts of Class D felony possession of a controlled substance, and Class A misdemeanor possession of marijuana.  

In the Matter of the Termination of the Parent-Child Relationship of: L.D. and K.F. (Minor Children), B.W. (Father) v. The Indiana Department of Child Services (mem. dec.)
Juvenile. Affirms termination of parental rights.

Jimmy Huesgen v. State of Indiana (mem. dec.)
Criminal. Affirms conviction of Class A misdemeanor battery.

Camryn S. Matthews v. State of Indiana (mem. dec.)
Criminal. Affirms Class C felony conviction of possession of a controlled substance.