Opinions March 15, 2021

The following 7th Circuit Court of Appeals opinion was posted after IL deadline Friday.

Planned Parenthood of Indiana and Kentucky Inc. v. Kristina Box


Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Senior Judge Sarah Evans Barker.

Civil. Affirms on remand from the United States Supreme Court the district court injunction against enforcement of Senate Enrolled Act 404 (2017), which restricted minors’ access to abortion. Holds that binding standards of caselaw from Whole Woman’s Health v. Hellerstedt, 136 S. Ct. 2292 (2016), has not been overruled by a majority opinion of the Supreme Court, leading the majority to affirm the district court preliminary injunction barring full review in the district court. Judge Michael Kanne dissents with opinion.

March 15, 2021

Indiana Court of Appeals

CHINS: K.S. v. Indiana Department of Child Services


Juvenile CHINS. Affirms the Putnam Circuit Court finding that two of mother K.S.’s children are in need of services. Mother’s argument that the children are not in need of services because they are in the care of their maternal grandmother fails because aside from the CHINS case, there is no evidence in the record that grandmother had any legal authority to care for the children.

Johanna McGhehey v. State of Indiana (mem. dec.)


Criminal. Affirms Johanna McGhehey’s conviction in Marion Superior Court of two counts of Level 6 felony battery on a public safety officer and Class B misdemeanor disorderly conduct, finding no error in instructing the jury and sufficient evidence to support the verdict.

Paternity: Danielle E. Miller v. Jose A. Vasquez (mem. dec.)


Juvenile paternity. Reverses the Lake Superior Court order awarding father Jose Vasquez sole legal custody over his daughter with mother Daniele Miller. Finds the court abused its discretion and remands for proceedings because mother had no notice that a potential modification of joint legal custody was before the court.

Supervised Estate: Daniel L. Stephan v. Douglas Stephan, et al. (mem. dec.)


Estate, supervised. Affirms the Huntington Circuit Court finding that there was no undue influence regarding a portion of Richard D. Stephan’s estate plan, but reverses in part, finding the trial court did not err in granting full faith and credit to a Florida court ruling that Richard died intestate. Remands.

Ricky C. Newman v. State of Indiana (mem. dec.)


Criminal. Affirms Ricky Newman’s 20-year sentence for conviction in Ripley Circuit Court of Level 2 felony conspiracy to deal in methamphetamine, finding nothing inappropriate about the sentence.

Ronald Davidson, II v. State of Indiana (mem. dec.)


Criminal. Affirms Ronald Davidson II’s conviction of Level 5 felony domestic battery, finding the Morgan Superior Court did not err in admitting testimony about threats he made to the victim’s friend.

Nathanial Paul Long v. State of Indiana (mem. dec.)


Criminal. Affirms Nathan Long’s conviction of Level 5 felony battery resulting in bodily injury to a public safety officer for kicking a deputy sheriff in the groin. Finds Long did not raise voluntariness as an issue at trial in the Clinton Superior Court and his claim of an alleged concussion is without evidentiary support, so the jury could have concluded his kick was voluntary and knowing.

Kyle G. Scott v. State of Indiana (mem. dec.)


Criminal. Affirms the Johnson Superior Court’s 180-sentence imposed on Kyle Scott and his conviction of Class B misdemeanor criminal mischief, finding the incredible-dubiosity rule does not apply, the evidence is sufficient to support his conviction, Scott’s sentence is not inappropriate, and he was not denied his right of allocution.

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