Opinions Aug. 2, 2023

The following 7^th Circuit Court of Appeals opinion was posted after IL deadline on Tuesday:
A.C., a minor child by his next friend, mother and legal guardian, M.C. v. Metropolitan School District of Martinsville and Fred Kutruff, in his official capacity as Principal of John R. Wooden Middle School; B.E. and S.E., minor children by their next friend, mother and legal guardian, L.E. v. Vigo County School Corporation and Principal of Terre Haute North Vigo High School, in his official capacity
22-1786, 22-2318
Appeals from the United States District Court for the Southern District of Indiana, Indianapolis and Terre Haute Divisions. Chief Judge Tanya Walton Pratt and Judge James R. Sweeney II.
Civil. Affirms the grant of preliminary injunctions ordering the Metropolitan School District of Martinsville and Vigo County School Corporation to grant transgender boys A.C., B.E. and S.E. access to the boys’ bathrooms and, in the case of B.E. and S.E. in Vigo County, access to the boys’ locker rooms when changing for gym class. Finds the reasoning in Whitaker ex rel. Whitaker v. Kenosha Unified School District No. 1 Board of Education, 858 F.3d 1034 (7^th Cir. 2017), controls. Judge Frank Easterbrook concurs with separate opinion.

Wednesday opinions
Court of Appeals of Indiana
Trevor D. Dilk v. State of Indiana (mem. dec.)
22A-CR-2734
Criminal. Affirms Trevor Dilk’s sentence of six years, with two years suspended to probation, for possession of methamphetamine, a Level 4 felony. Finds that any error in the Jennings Circuit Court’s consideration of aggravating circumstances is harmless. Also finds Dilk’s sentence is not inappropriate.

Joshua B. Volkert v. State of Indiana (mem. dec.)
22A-CR-2927
Criminal. Reverses Joshua Volkert’s habitual offender adjudication. Finds the state did not present sufficient evidence. Orders the Marshall Superior Court to vacate Volkert’s adjudication as a habitual offender. Remands for resentencing.