Opinions Aug. 27, 2020

The following 7^th Circuit Court of Appeals opinion was posted after IL Deadline on Wednesday:

Sarah Johnson v. Northeast School Corporation
19-2870
Appeal from the United States District Court for the Southern District of Indiana, Terre Haute Division. Judge James Sweeney, II.
Civil. Affirms the Southern District Court’s entry of summary judgment to North Central High School (Farmersburg) and Northeast School Corporation on Sarah Johnson’s claims that both entities inadequately responded to her alleged of sexual harassment, therefore violating Title IX, 20 U.S.C. § 1681(a). Finds Johnson has waived any arguments regarding the district court’s evidentiary rulings and that NESC was not deliberately indifferent to Johnson’s claims of sexual harassment.

Thursday’s opinions
Indiana Court of Appeals

In Re: The Termination of the Parent-Child Relationship of L.C., F.T., and M.R. (Minor Children); S.C. (Mother) v The Indiana Department of Child Services (mem. dec.)
20A-JT-533
Juvenile termination. Affirms the termination of S.C.’s parent-child relationships with her daughters, L.C., F.T., and M.R. Finds that DCS did not violate mother’s due process rights and that there is sufficient evidence in Delaware Circuit Court to support the terminations.

Eric Devone Dailey v. State of Indiana (mem. dec.)
20A-CR-429
Criminal. Affirms Eric Dailey’s conviction in Marion Superior Court of Level 6 felony intimidation. Finds sufficient evidence to support the conviction.

Bradley L. Stout, Jr. v. State of Indiana (mem. dec.)
20A-CR-954
Criminal. Affirms Bradley Stout Jr.’s sentence following the Vigo Superior Court’s revocation of his placement in a work release program. Finds the trial court’s order that he serve the balance of his previously suspended sentence is supported by the record and was well within the trial court’s discretion.

Antonio Rodriquez Walters v. State of Indiana (mem. dec.)
20A-CR-326
Juvenile termination. Affirms Antonio Walters’ aggregate 3½-year sentence for conviction of Level 6 felony resisting law enforcement and habitual offender adjudication. Finds the Vanderburgh Circuit Court did not abuse its discretion.

Dre’quez Redfield v. State of Indiana (mem. dec.)
19A-CR-2497
Criminal. Affirms Dre’quez Redfield’s 25-, 13- and 13-year sentences to be served concurrently with five years suspended to probation for conviction of Level 2 felony burglary with a deadly weapon, Level 3 felony attempted armed robbery and Level 3 felony criminal confinement while armed with a deadly weapon. Finds Redfield’s sentence imposed in Madison Circuit Court is not inappropriate given the nature of his offenses and his character.

Farry Cannon v. State of Indiana (mem. dec.)
20A-CR-619
Criminal. Affirms Farry Cannon’s conviction of Level 3 and Level 4 felony counts of dealing in cocaine. Concludes that the Allen Superior Court committed harmless error in admitting a detective’s testimony and that the state presented sufficient evidence to support Cannon’s convictions. Finds the trial court did not abuse its discretion by revoking Cannon’s probation.

Seth McCullough v. State of Indiana (mem. dec.)
20A-CR-726
Criminal. Affirms Seth McCullough’s aggregate 50-year sentence with five years suspended to probation for guilty pleas to eight counts, including Level 1 felony child molesting, Level 5 felony battery, and Level 6 felony battery by bodily waste. Finds McCullough’s vague and unsupported testimony in Tippecanoe Superior Court falls short of establishing either that it would be fair and just to allow him to withdraw his guilty pleas or that withdrawal is necessary to correct a manifest injustice.

In the Matter of the Termination of the Parent-Child Relationship of M.R. (Minor Child); M.R. (Father) v. The Indiana Department of Child Services (mem. dec.)
20A-JT-510
Juvenile termination. Affirms the termination of M.R.’s parent-child relationship with his daughter, M.R. Finds the Department of Child Services did not violate father’s due process rights in Delaware Circuit Court and that there is sufficient evidence to support the termination.

Angel M. Tolentino v. State of Indiana (mem. dec.)
20A-CR-731
Criminal. Affirms Angel Tolentino’s conviction in Elkhart Superior Court of Level 6 felony possession of methamphetamine. Finds that the state presented evidence of probative value from which a reasonable trier of fact could have found that Tolentino committed the offense.

In re the Matter of A.H. (Minor Child), L.H. (Mother) v. Indiana Department of Child Services (mem. dec.)
20A-JC-879
Juvenile CHINS. Affirms the adjudication of L.H.’s daughter as a child in need of services. Finds the CHINS adjudication in Vigo Circuit Court is supported by sufficient evidence.

Brian Vukadinovich v. Kallie Lolkema and Donald Webb (mem. dec.)
19A-CT-2353
Civil tort. Affirms the LaPorte Superior Court’s ruling in favor of Kallie Lolkema in an underlying lawsuit brought by Brian Vukadinovich after Lolkema rear-ended him. Finds that Vukadinovich failed to prove that the trial court demonstrated bias or committed reversible error with regard to the alleged gestures and did not abuse its discretion in instructing the jury. Finds it likewise did not abuse its discretion in denying Vukadinovich’s motion to correct error on either of these grounds. Also finds that the trial court did not err in denying Lolkema’s request for attorney’s fees.