Opinions June 16, 2021

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7th Circuit Court of Appeals
Design Basics, LLC, et al. v. Kerstiens Homes & Designs, Inc, et al.
18-3202, 19-3118 & 20-1515
Appeals from the United States District Court for the Southern District of Indiana, Indianapolis Division. Chief Judge Tanya Walton Pratt.
Civil. Affirms the Indiana Southern District Court’s award of $518,457.80 in attorney fees to Kerstiens Homes & Designs Inc. and the dismissal of Design Basics LLC’s copyright infringement suit against Kerstiens. Finds the allegedly infringing floor plans consist largely of standard features found in homes across America.

Indiana Court of Appeals
In the Termination of Parent-Child Relationship of S.A.K. (Minor Child), A.R. (Mother) and S.K. (Father) v. Indiana Department of Child Services (mem. dec.)
20A-JT-2002
Juvenile termination of parental rights. Affirms the involuntary termination of mother A.R. and father S.K.’s parental rights to their minor child, S.A.K. Finds sufficient evidence supports the Spencer Circuit Court’s termination of the parents’ rights. Also finds S.K. has not shown any violation of his due process rights.

Oscar Sanchez Hernandez v. State of Indiana (mem. dec.)
21A-CR-19
Criminal. Affirms Oscar Sanchez Hernandez’s convictions for child molesting as Level 1 felonies and his sentence of concurrent terms of 35 years with five years suspended to probation. Finds the state presented evidence of a probative nature from which the trier of fact could find beyond a reasonable doubt that Hernandez committed two counts of child molesting as Level 1 felonies. Also finds Hernandez has not sustained his burden of establishing that his concurrent sentences are inappropriate in light of the nature of the offenses and his character.

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