Opinions Aug. 7, 2023

7^th Circuit Court of Appeals
Anna Kinney v. St. Mary’s Health, Inc., doing business as St. Vincent Evansville
22-2740
Appeal from the U.S. District Court for the Southern District of Indiana, Evansville Division.
Senior Judge Richard L. Young.
Civil. Affirms the grant of summary judgment to St. Mary’s Health Inc. on Anna Kinney’s Americans with Disabilities Act and Title VII claims. Finds no reasonable juror could find that Kinney could perform certain essential functions of her job without being present in the radiology department that she oversaw, so she was not a qualified individual for the job under the ADA, and even if she had been, the accommodation she requested was not reasonable. Also finds Kinney’s resignation was not a constructive discharge. Finally, regarding promotions Kinney applied for but did not receive, her claims did not show genuine issues of material fact.

Court of Appeals of Indiana
Jordyn L. Maddox v. State of Indiana
23A-CR-327
Criminal. Affirms Jordyn Maddox’s conviction for possession of methamphetamine and paraphernalia. Declines to review Maddox’s claims of error and fundamental error regarding the admission of evidence because she stated at trial that she had no objection.

Robert S. Frost v. State of Indiana (mem. dec.)
22A-CR-2946
Criminal. Reverses Robert Frost’s convictions of two counts of Level 6 felony invasion of privacy. Finds the Elkhart Superior Court committed fundamental error in conducting a bench trial as opposed to a jury trial because Frost never personally waived his right to a jury trial. Remands for a new trial on those charges.

James Edward Smith Eubanks v. State of Indiana (mem. dec.)
22A-CR-1931
Criminal. Affirms James Edward Smith Eubanks’ conviction of Level 5 felony battery by means of a deadly weapon. Finds the state presented sufficient evidence to support the conviction, and evidence that negated Eubanks’ self-defense claim.

Quincy Lunford v. State of Indiana (mem. dec.)
23A-CR-465
Criminal. Affirms Quincy Lunford’s convictions for robbery and reckless homicide, and the resulting sentence enhancement. Finds any error in admitting Lunford’s post-Miranda statements was harmless beyond a reasonable doubt. Also finds sufficient evidence supports the jury’s finding that Lunford knowingly used a firearm in committing reckless homicide.

In the Matter of the Involuntary Termination of the Parent-Child Relationship of: L.O., S.O., and K.O. (Minor Children), and R.O. (Mother) v. Indiana Department of Child Services (mem. dec.)
22A-JT-3078
Juvenile termination of parental rights. Affirms the termination of mother R.O.’s parental rights to her three youngest children, L.O., S.O. and K.O. Finds R.O. waived any alleged error in holding the hearing beyond the 180-day statutory deadline by inviting it, and in any case, there was good cause to continue the hearing beyond the deadline such that the TPR action should not have been dismissed. Also finds the evidence in the record supports the Parke Circuit Court’s findings of fact, and those findings support the trial court’s judgment terminating R.O.’s parental rights.

In the Termination of the Parent-Child Relationship of: E.C. (Minor Child), and A.C. (Mother) v. Indiana Department of Child Services (mem. dec.)
23A-JT-468
Juvenile termination of parental rights. Affirms the involuntary termination of mother A.C.’s parental rights to her child, E.C. Finds the evidence that the Department of Child Services presented at the termination hearing clearly and convincingly supports the Daviess Circuit Court’s determination that there is a reasonable probability that the conditions resulting in E.C.’s removal will not be remedied. Also finds the record does not support A.C.’s claim that she was denied due process. Finally, finds the trial court’s determination that termination is in E.C.’s best interests is supported by clear and convincing evidence.

In the Matter of the Civil Commitment of J.P. v. Parkview Huntington Hospital (mem. dec.)
23A-MH-545
Mental health. Dismisses J.P.’s appeal of his involuntary temporary commitment. Finds that the appeal is moot and that a public interest exception does not apply.

John Arthur Bridges, Jr. v. State of Indiana (mem. dec.)
22A-PC-2858
Post-conviction relief. Affirms the denial of John Bridges Jr.’s amended petition for post-conviction relief. Finds the Allen Superior Court did not clearly err in denying Bridges’ ineffective assistance of trial and appellate counsel claims because Bridges failed to show any prejudice from his counsels’ alleged errors. Also finds the court did not err when it denied Bridges’ Brady claim because he failed to show that the alleged exculpatory evidence was material to an issue at trial. Finally, finds the trial court did not abuse its discretion when it denied Bridges’ discovery request for the entire police file on the confidential informant, as Bridges failed to show that evidence of payment to the CI in other cases was relevant.