Opinions July 15, 2022

The following 7th Circuit Court of Appeals opinion was posted after IL deadline on Thursday.
Suzanne Parker v. Brooks Life Science, Inc.
21-2415
Appeal from the U.S. District Court for the Southern District of Indiana, Indianapolis Division. Judge James R. Sweeney II.
Civil. Affirms the Southern Indiana District Court’s grant of summary judgment in favor of Brooks Life Science. Finds Suzanne Parker did not provide evidence that would convince a reasonable juror that she was terminated in retaliation for her request for a reasonable accommodation, violating the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq.

Friday opinions
Court of Appeals of Indiana
In the Matter of the Civil Commitment of: L.B. v. Richard L. Roudebush Veterans Affairs Medical Center
22A-MH-153
Mental health. Reverses the Marion Superior Court’s commitment of L.B. to the Richard L. Roudebush Veterans Affairs Medical Center. Finds the trial court erred in allowing L.B. to proceed pro se. Finds L.B. was not capable of knowingly, voluntarily, and intelligently waiving his right to counsel before accepting his waiver of that right. Remands for a new commitment hearing.

Nichole S. Hunter v. Grandview Community Association, Inc. (mem. dec.)
22A-PL-595
Civil plenary. Affirms default judgment in favor of Grandview Community Association, Inc. over Nichole Hunter regarding noncompliance of property use. Finds the Morgan Superior Court didn’t err in denying Hunter’s motion for relief from judgment. Concludes Hunter has waived all her appellate arguments.

Rashid S. Ross v. State of Indiana (mem. dec.)
22A-CR-943
Criminal. Reverses the Delaware Circuit Court’s finding that Rashid S. Ross violated his probation. Finds the trial court revoked his probation despite the lack of any evidence beyond the filing of new charges against him. The state concedes the error.

Jamarcus A. Tucker v. State of Indiana (mem. dec.)
21A-CR-2231
Criminal. Affirms Jamarcus A. Tucker’s convictions of Level 5 felony carrying a handgun without a license and Level 6 felony criminal recklessness. Finds Tucker waived his challenge because he failed to make an offer of proof. Finds the wording used during jury instruction also doesn’t warrant a reversal.

Edwin Lee Bland Jr. v. State of Indiana (mem. dec.)
21A-CR-01631
Criminal. Affirms Edwin Lee Bland Jr.’s 64-year sentence for murder. Finds Bland has failed to show that the trial court abused its discretion in admitting his jeans into evidence under the Fourth Amendment or Article 1, Section 11. Finds Bland has not demonstrated any fundamental error regarding his sentence.

In the Matter of the Termination of the Parent-Child Relationship of C.S.C. and M.A.C. (Minor Children) and M.C. (Mother) and D.P. (Father) v. Indiana Department of Child Services (mem. dec.)
22A-JT-381
Juvenile termination. Affirms the termination M.C. and D.P.’s parental rights to their children, C.S.C. and M.A.C.. Finds sufficient evidence to support the Tippecanoe Superior Court’s order terminating the mother’s parental rights to the children. Finds the juvenile court did not abuse its discretion in denying the father’s request for a continuance of the evidentiary hearing.

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