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Opinions Aug. 17, 2015

August 17, 2015

7th Circuit Court of Appeals
The following opinions were issued after IL deadline Friday.
Rebecca Riker v. Bruce Lemmon, in his official capacity, et al.
14-2910
Appeal from the United States District Court for the Southern District of Indiana
Judge Tanya Walton Pratt
Civil. Reverses District Court grant of summary judgment in favor of defendants on Riker’s claim that she was improperly denied permission to marry a Department of Correction inmate. Riker is a former contract employee at Wabash Valley Correctional Facility who was terminated after a sexual relationship with an inmate. The District Court erred in granting summary judgment and concluding the DOC’s denial of her request for a one-time visit to participate in a marriage ceremony did not violate her constitutional right to marry.

Humberto Sanchez-Rengifo v. J.F. Caraway
14-2876
Appeal from the U.S. District Court, Southern District of Indiana, Terre Haute Division
Judge William Lawrence
Criminal. Denies a certification of appealability and dismisses petition for a writ of habeas corpus for lack of jurisdiction. Finds Sanchez-Rengifo has not raised substantial showing that his due process rights or his protections against double jeopardy were violated.

Indiana Court of Appeals
Angelique Lockett and Lanetra Lockett v. Planned Parenthood of Indiana, Inc., and Cathy McGee
45A05-1407-CT-340
Civil tort. Affirms summary judgment in favor of Planned Parenthood, concluding that no private cause of action exists to enforce the statutory provisions of laws governing abortion under I.C. 16-34-2. Planned Parenthood owed no duty to Lanetra Lockett, whose daughter, Angelique, posed as an 18-year-old using a friend’s ID to obtain an abortion at age 17. Reverses the Locketts’ claims against Cathy McGee, who allegedly furnished the ID Angelique used to obtain an abortion.  

Uree Kincaid, Mark E. Kincaid, Denise Elaine Bryant, and the Unknown Heirs, Devisees, Legatees of Garland E. Kincaid v. Nationstar Mortgage, LLC. (mem. dec.)
32A01-1407-MF-322
Mortgage foreclosure. Reverses trial court denial of a motion for relief from default judgment. Remands for a determination on the merits.

In the Matter of the Termination of the Parent-Child Relationship of: K.C. and G.C. (Father) v. The Indiana Department of Child Services (mem. dec.)
39A01-1501-JT-18
Juvenile. Affirms termination of parental rights.

James Pitman v. State of Indiana (mem. dec.)
49A04-1501-CR-5
Criminal. Affirms convictions of Class B felony counts of rape and criminal deviate conduct; Class D felony counts of criminal confinement and intimidation; and Class A misdemeanor domestic battery.
 

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