Opinions April 10, 2023

The following 7th Circuit Court of Appeals published after IL deadline on Friday:

John M. Kluge v. Brownsburg Community School Corp.
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Jane Magnus-Stinson.
Affirms summary judgment against Kluge on his discrimination claim against Brownsburg Community School Corporation. Finds Brownsburg demonstrated as a matter of law that the requested accommodation worked an undue burden on the school’s educational mission. Finds title VII does not require that employers accommodate religious practices that work an undue hardship on the conduct of the employer’s business. Finally, finds Kluge’s retaliation claim fails as a matter of law. Judge Michael Brennan concurs in part and dissents in part with separate opinion.

Monday opinions

Court of Appeals of Indiana

Rachel W. Baker v. State of Indiana
Criminal. Affirms Rachel Baker’s conviction of Level 5 felony possession of methamphetamine at a penal facility. Finds Cass Superior Court did not abuse its discretion when it admitted the methamphetamine found on Baker and found she voluntarily committed the felony when she chose not to listen to a state trooper’s warning that any felony-related illegal substance would be enhanced if taken into a penal facility.

Michael Damien Howell v. State of Indiana (mem. dec.)
Post-conviction relief petition. Affirms the post-conviction relief court’s denial of Michael Damien Howell’s petition. Finds Howell has not shown that his trial counsel’s error prejudiced him.

In the Matter of the Termination of the Parent-Child Relationship of L.C. (Minor Child); T.C. (Mother) v. Indiana Department of Child Services (mem. dec.)
Juvenile termination of parental rights. Affirms LaGrange Circuit Court’s order terminating T.C.’s parental rights to L.C. Finds the trial court did not err by determining that the conditions that resulted in the child’s removal were unlikely to be remedied nor did it err by determining termination of parental rights was in the child’s best interests.

Kevin Garner v. Katrina Garner (mem. dec.)
Domestic relations with children. Affirms the judgment of the Marion Superior Court. Finds the juvenile court did not abuse its discretion in granting Katrina Garner’s requests for attorney fees.

Anthony D. Ware v. State of Indiana (mem. dec.)
Criminal. Affirms Anthony Ware’s convictions of two counts of arson, Level 4 felonies. Finds the state presented sufficient evidence to support the convictions.

Tymothy James Debolt v. State of Indiana (mem. dec.)
Criminal. Affirms Tymothy DeBolt’s 11-year sentence for Level 3 felony possession of methamphetamine. Finds the sentence is appropriate in light of the nature of the offense and his character.

Kevin Mamon v. Jeremy Dykstra, et al. (mem. dec.)
Civil plenary. Affirms LaPorte Superior Court’s judgment declining to grant Kevin Mamon equitable relief. Finds the court did not abuse its discretion in declining to set aside the judgment.

Ayesha Hawthorne v. State of Indiana (mem. dec.)
Criminal. Affirms Ayesha Hawthorne’s conviction of Class A misdemeanor battery resulting in bodily injury. Finds the state presented sufficient evidence.


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