Opinions May 26, 2022

Keywords Opinions

The following 7th Circuit Court of Appeals opinion was posted after IL deadline Wednesday:
Randall Pavlock, et al. v. Eric J. Holcomb, Governor of Indiana, et al.
21-1599
Appeal from the United States District Court for the Northern District of Indiana, Hammond Division. Chief Judge Jon E. DeGuilio.
Civil. Affirms the Northern Indiana District Court’s dismissal of Raymond Cahnman and Randall and Kimberley Pavlock’s suit against the Indiana governor and several state executive officials concerning the public use of beaches in front of their homes. Finds the state defendants neither caused the asserted injury nor can redress it, so the homeowners lack standing to sue under Article III of the Constitution. Modifies the dismissal to a dismissal without prejudice.

Thursday opinions
Court of Appeals of Indiana
B.A. v. D.D. and C.D.
22A-AD-147
Adoption. Affirms and reverses in part the grant of summary judgment in favor of adoptive parents D.D. and C.D. on their claim that father B.A.’s consent to the adoption of P.A. was not required. Finds B.A. has not met his burden on appeal to demonstrate that the court erred when it ordered him to submit to a DNA test. Also finds evidence that a man is not a child’s biological father, without more, is not dispositive of whether he is the child’s legal father and does not obviate the need for his consent to an adoption. Finally, finds the adoptive parents failed to designate evidence that would exclude B.A. as P.A.’s legal father such that B.A.’s consent would not be required under Indiana Code § 31-19-9-1(a)(2). Remands for further proceedings.

IN RE Paternity of A.M.: Bianca Teamer v. Theophilus Muhammad
21A-JP-2261
Juvenile paternity. Affirms the denial of mother Bianca Teamer’s motion to correct error in a paternity action filed by father Theophilus Muhammed regarding custody and support of A.M. Finds that because Teamer has not demonstrated prejudice, the Marion Superior Court did not abuse its discretion when it denied her motions to continue. Also finds the trial court did not abuse its discretion when it denied Teamer’s motion to correct error. Judge Elaine Brown dissents with separate opinion.

In the Matter of C.P. (Minor Child) and S.K. (Mother) v. Indiana Department of Child Services (mem. dec.)
21A-JC-2793
Juvenile CHINS. Affirms the adjudication of mother S.K.’s child, C.P., as a child in need of services. Finds the Owen Circuit Court did not err in adjudicating C.P. as a CHINS.

In re the Termination of the Parent-Child Relationship of: T.L. (Minor Child) And Z.G. (Father) v. Indiana Department of Child Services (mem. dec.)
21A-JT-2826
Juvenile termination of parental rights. Affirms the involuntary termination of father Z.G.’s parental rights to T.L. Finds the order terminating Z.G.’s parental rights to T.L. was not clearly erroneous.

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