Articles

Opinions Sept. 17, 2020

The following 7th Circuit opinion was posted after IL deadline Wednesday.
John Myers v. Ron Neal
19-3158
Civil. Denies rehearing and rehearing en banc. Amends the opinion to grant remand to the district court to address the two claims Myers advanced under Brady v. Maryland.

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Opinions Sept. 15, 2020

Indiana Court of Appeals
James T Knight v. State of Indiana
20A-CR-068
Criminal. Reverses the Carroll Circuit Court’s imposition of the community service probation condition for licensed attorney James T. Knight. Finds that the trial court complied with the procedural requirements of Indiana Code § 35-38-2-1.8 when it held a new probation hearing. However, also finds that the imposition of the community service condition was beyond the trial court’s discretion where the plea agreement contained language that limited the trial court’s discretion to impose that condition.

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Opinions Sept. 14, 2020

Indiana Court of Appeals
Molly Ann Melton v. Indiana Athletic Trainers Board, et al.
19A-CT-1972
Civil tort. Affirms in part the Marion Superior Court’s grant of summary judgment on Molly Melton’s 42 U.S.C. § 1983 claims for alleged violations of her constitutional rights in the disciplinary process leading to the suspension of her athletic training license. Finds the trial court properly granted summary judgment to the Indiana Athletic Trainers Certification Board, the Indiana Professional Licensing Agency and others, but erred in granting relief on Melton’s petition for judicial review. Thus, reverses the trial court’s judicial review order.

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Opinions Sept. 11, 2020

Indiana Court of Appeals
Richard D. Moseley and Lisa M. Moseley v. Trustees of Larkin Baptist Church and the Larkin Baptist Church, an unincorporated association
20A-PL-98
Civil plenary. Affirms the Spencer Circuit Court’s order granting summary judgment for the Trustees of Larkin Baptist Church and the Larkin Baptist Church on Richard and Lisa Moseleys’ adverse possession counterclaim in the church’s action to quiet title. Finds that the Moseleys did not designate evidence sufficient to create a genuine issue of material fact. Also finds that the trial court did not err.

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Opinions Sept. 10, 2020

Indiana Court of Appeals
Indiana Family Institute Inc., et al. v. City of Carmel, et al.
19A-MI-2991
Miscellaneous. Affirms the grant of summary judgment to the cities of Bloomington, Carmel, Columbus and Indianapolis on the complaint brought by the Indiana Family Institute, Indiana Family Action and the American Family Association challenging the “fix” to the 2015 Religious Freedom Restoration Act, and the Hamilton Superior Court’s denial of a motion for judicial notice. Finds the plaintiff-appellants have not demonstrated that nondiscrimination ordinances in the defendant cities have interfered with or chilled their First Amendment rights. Also finds they are not facing the threat of an impending injury or a substantial risk of harm from the nondiscrimination ordinances. Declines to address the appellants’ arguments regarding judicial review.

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