Opinions Nov. 21, 2023

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The following 7th Circuit Court of Appeals opinion was posted after IL deadline Monday:
Tamica J. Smithson v. Lloyd J. Austin, III, United States Secretary of Defense

22-2566
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge James R. Sweeney II.
Civil. Affirms the district court’s grant of summary judgment to the Department of Defense Education Activity on Tamica Smithson’s complaint alleging disability discrimination and failure to accommodate. Finds Smithson does not qualify as an individual with a disability as a matter of law. Also finds that because Smithson cannot show that she could fulfill the essential requirement of in-person attendance on a regular basis in the first two hours of the school day, with or without a reasonable accommodation, her discrimination claim fails.

Tuesday opinions
Court of Appeals of Indiana
In the Matter of B.M., C.M., and S.M. (Minor Children), Children in Need of Services, and N.M. (Father) v. Indiana Department of Child Services

23A-JC-1285
Juvenile CHINS. Affirms the DeKalb Circuit Court’s child-in-need-of-services adjudications for father N.M.’s children, B.M., C.M. and S.M. Finds the trial court did not abuse its discretion by denying counsel’s motion to withdraw at the start of the factfinding hearing. Also finds sufficient evidence supports the CHINS adjudications.

Stevie Bradley v. State of Indiana
22A-CR-2317
Criminal. Vacates Stevie Bradley’s convictions in St. Joseph Superior Court for attempted murder as a Level 1 felony, domestic battery resulting in serious bodily injury as a Level 5 felony, battery by means of a deadly weapon as a Level 5 felony, intimidation as a Level 5 felony and aggravated battery as a Level 3 felony. Finds Bradley’s May 4, 2022, trial date fell outside of his Indiana Criminal Rule 4(B) 70-day period for an early trial. Also finds Bradley should have been discharged after his C.R. 4(B) 70-day period expired on March 23, 2022.

In the Matter of the Guardianship of R.M. Randy Miles v. Johnissa M. Simms (mem. dec.)
23A-GU-1151
Guardianship. Affirms the Marion Superior Court’s denial of Randy Miles’ petition to terminate an order designating Johnissa Simms as guardian of her young sibling, R.M. Finds no clear error.

Steven W. Rickard v. State of Indiana (mem. dec.)
23A-CR-1032
Criminal. Affirms Steven Rickard’s conviction of murder. Finds the state presented sufficient evidence to support Rickard’s conviction.

Kasey L. Wireman v. State of Indiana (mem. dec.)
22A-CR-2118
Criminal. Affirms Kasey Wireman’s convictions in LaPorte Circuit Court of four counts of child molesting, one count as a Class A felony and three counts as Class C felonies. Finds sufficient evidence supports the convictions.

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