Opinions May 5, 2023

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The following 7th Circuit Court of Appeals opinion was posted after IL’s deadline Thursday:

Leroy N. Ingram v. T.J. Watson, et al.
Appeal from the U.S. District Court for the Southern District of Indiana, Terre Haute Division. Judge Frank Easterbrook.
Civil. Affirms the district court decision. Reverses the grievance directed to the asserted physical attack. Remands for further proceedings.

Court of Appeals of Indiana

Justin Tyler Gaff v. State of Indiana (mem. dec.)
Criminal. Affirms Justin Gaff’s conviction in the St. Joseph Superior Court for intimidation with a deadly weapon, a Level 5 felony. Finds Gaff’s argument amounts to an invitation for the court to “invade the province of the jury by reweighing the evidence,” which the court will not do.

D.H. v. State of Indiana (mem. dec.)
Juvenile delinquency. Affirms an adjudication of delinquency for D.H. on a true finding of theft, a delinquent act that would be a Class A misdemeanor if committed by an adult. Finds eyewitness testimony in the Marion Superior Court sufficiently established that D.H. exerted unauthorized control over property of another person.

In the Matter of the Termination of the Parental Rights of: A.B. and J.W. (Minor Children), and K.B. (Mother) v. Indiana Department of Child Services (mem. dec.)
Juvenile termination of parental rights. Affirms the Floyd Circuit Court’s order terminating K.B.’s parental rights. Finds the juvenile court did not err in concluding DCS had sufficiently proven the elements required for termination.

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