Opinions Sept. 5, 2023

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The following 7th Circuit Court of Appeals opinion was posted after IL deadline Friday:
Karen R. Hirlston v. Costco Wholesale Corporation
22-2067
Civil. Appeal from the U.S. District Court for the Southern District of Indiana, Indianapolis Division. Chief Judge Tanya Walton Pratt. Affirms the district court’s judgment and the jury’s finding. Finds the district court did not abuse its discretion in allowing both plaintiff and defendant to introduce a few photographs of the workplace that had not been disclosed in discovery and sees no risk of unfair prejudice. Also finds Karen Hirlston forfeited her appellate challenge to the jury instruction by failing to make a timely objection.

The following Indiana Tax Court opinion was posted after IL deadline Friday:
Elkhart County Assessor v. Lexington Square LLC
22T-TA-00007
Tax. Affirms the Indiana Board of Tax Review’s final determination that the assessments revert to the Lexington Square property’s 2015 assessed value. Finds the Indiana Board did not err when it determined that the provisions of Indiana Code § 6-1.1-15-17.2 applied to Lexington Square’s assessment appeals.

Tuesday opinions

Court of Appeals of Indiana
Perdue Farms Inc. v. L&B Transport LLC; U.S. Security Associates Inc.; William Richardson; Jennifer Freeman; Brian Hill; Carl Nelson; ABC Corporation
22A-PL-2989
Civil plenary. Reverses the Daviess Circuit Court’s order granting U.S. Security and the employees’ motion to dismiss Perdue Farms Inc.’s complaint. Remands for further proceedings. Judge Terry Crone dissents with a separate opinion.

James A. Cox v. State of Indiana (mem. dec.)
23A-CR-517
Criminal. Affirms James Cox’s conviction for Level 1 felony child molesting and his adjudication as a repeat sexual offender. Finds any error would be harmless in light of the extensive evidence in front of the jury.

William R. Grimes v. State of Indiana (mem. dec.)
23A-CR-656
Criminal. Affirms the Sullivan Superior Court’s denial of William Grimes’s motion for dismissal after the 70-day speedy trial period expired. Finds Grimes’s arguments without merit and the trial court’s congestion finding was not clearly erroneous and Grimes was not entitled to dismissal.

D.F. v. State of Indiana (mem. dec.)
23A-JV-737
Juvenile. Affirms D.F.’s adjudication as a delinquent child and placement under the wardship of the Department of Correction. Finds D.F.’s argument without merit and the Tippecanoe Superior Court did not abuse its discretion.

C.B. v. Indiana Department of Child Services (mem. dec.)
23A-JT-802
Juvenile termination of parental rights. Affirms the involuntary termination of C.B.’s parental rights to her two minor children. Finds the Rush Superior Court’s determination that termination of C.B.’s parental rights is in the children’s best interests is not clearly erroneous.

In the Matter of the Civil Commitment of A.P. v. Community Health Network (mem. dec.)
23A-MH-495
Mental health. Dismisses A.P.’s appeal of his involuntary commitment. Finds the appeal is moot and does not fall within an exception to the mootness doctrine.

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