Opinions Jan. 17, 2020

7th Circuit Court of Appeals
Ashlee and Ruby Henderson, et al. v. Kristian Box, Indiana State Health Commissioner

17-1141
Appeal from the U.S. District Court for the Southern District of Indiana, Indianapolis Division
Judge Tanya Walton Pratt
Civil. Affirms order requiring Indiana to recognize the children of married same-sex female couples as legitimate children, born in wedlock, and to identify both wives in each union as parents. Agrees with district court that after Obergefell and Pavan, a state cannot presume that a husband is the father of a child both in wedlock while denying an equivalent presumption to parents in same-sex marriages. Vacates other parts of the lower court’s order.

Indiana Court of Appeals
Shannon Gehlhausen, et al. v. Indiana Foundation Service, Inc.
19A-CT-00842
Civil tort. Affirms the Hamilton Superior Court’s grant of summary judgment to Indiana Foundation Service, Inc. Finds Shannon and Brandon Gehlhausen have failed to present a different account of events that would require a resolution by a trier of fact.

In re: The Mental Health Commitment of K.H. (mem. dec.)
19A-MH-901
Mental health. Dismisses as moot K.H.’s appeal of the Allen Superior Court’s order for her involuntary temporary commitment at the Park Center. Finds K.H.’s period of involuntary commitment has expired and the appellate court cannot provide effective relief.

Harry H. Rogers v. State of Indiana (mem. dec.)
19A-CR-1509
Criminal. Affirms Harry Roger’s aggregate 40-year sentence for conviction of Class A felony child molestation, Class C felony child molestation and Class D felony performing sexual conduct in the presence of a minor. Finds sufficient evidence to support the convictions and that Rogers was properly found to be a credit-restricted felon.

Thomas Avery v. Laura Mae Avery (mem. dec.)
19A-DR-1118
Domestic relation. Affirms the St. Joseph Circuit Court’s final distribution of the marital assets in Thomas Avery’s dissolution of marriage proceedings. Finds the trial court did not abuse its discretion in the manner in which it chose to divide the marital property.

Jeffrey C. Sharp v. Shiela D. (Sharp) Scott (mem. dec.)
19A-DR-2131
Domestic relation. Affirms the Jasper Circuit Court’s entry of an order on a rule to show cause in which the court appointed an individual to sell certain parcels of real estate in the country of Belize after the entry of a dissolution decree in Jeffrey Sharp’s marriage. Finds Sharp has failed to comply with the Indiana Rules of Appellate Procedure and, as such, has not met his burden on appeal to demonstrate that the trial court erred.

Roy Truman Nelson v. State of Indiana (mem. dec.)
19A-CR-1562
Criminal. Affirms Roy Nelson’s six-month sentence for conviction of Level 6 felony resisting law enforcement. Finds the sentence is not inappropriate given the nature of the offense and his character.

Luis H. Jaquez v. State of Indiana (mem. dec.)
19A-CR-1324
Criminal. Affirms Luis Jaquez’s aggregate 36-year sentence for conviction of two counts of Level 2 felony dealing in methamphetamine and Level 5 felony corrupt business influence. Finds the Elkhart Circuit Court did not abuse its discretion in sentencing Jaquez.

Brandon J. Hunt v. State of Indiana (mem. dec.)
19A-CR-1608
Criminal. Affirms Brandon Hunt’s three-year sentence for conviction of Level 5 felony battery. Finds the Morgan Superior Court did not abuse its discretion in sentencing Hunt.

In the Matter of The Termination of Parental Rights of: J.K. (Minor Child) and N.G. (Father) v. The Indiana Department of Child Services (mem. dec.)
19A-JT-1152
Juvenile termination. Affirms the termination of N.G.’s parental rights to his child. Finds the Elkhart Circuit Court order was not clearly erroneous.

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