7th Circuit Court of Appeals
Angela M. Farrell v. Michael J. Astrue, Commissioner of Social Security
Civil. Reverses District Court’s affirmation of the decision to deny disability insurance benefits. The Social Security Administration Appeals Council did not follow its own regulations which require it to consider “new and material evidence.” Also finds the administrative law judge’s residual functional capacity determination is based on an incomplete assessment of the record. Remands for further proceedings.
David Schepers, et al. v. Commissioner, Indiana Department of Correction
Criminal/sex offender registry. Reverses and remands to the District Court a grant of summary judgment in favor of the DOC, holding that its new procedures to allow current prisoners to challenge information in their pending listing in the Sex and Violent Offender Registry failed to provide any process for registrants who are not incarcerated.
Indiana Supreme Court and Indiana Tax Court posted no opinions prior to IL deadline.
Indiana Court of Appeals
James T. Mitchell v. 10th and The Bypass, LLC, and Elway, Inc.
Civil plenary. Affirms trial court’s vacation of partial summary judgment in favor of Mitchell, holding that the court properly exercised its discretion when new evidence was tendered during an interlocutory appeal.
Anthony Mark Sewell v. State of Indiana
Criminal. Affirms trial court’s conviction of a Class D felony sex offender residency offense, rejecting ex post facto arguments.
Gunther Kranz and Carol Kranz v. Meyers Subdivision Property Owners Association, Inc.,Christopher Bartoszek, and Indiana Dept. of Natural Resources
Civil plenary/rehearing. Reaffirms its prior ruling, that the Natural Resources Commission has jurisdiction to make property-rights decisions necessary to issue permits; that the NRC properly interpreted its rule; that the evidence supports the NRC’s ruling; and there was no unconstitutional taking of the Kranzes’ property.
FLM, LLC, and Daimler Chrysler Corp., n/k/a Chrysler LLC v. The Cincinnati Insurance Company
Civil Plenary. Reverses and remands the trial court’s entry of summary judgment in favor of the insurance company, finding language in an insurance policy to be ambiguous.
Ann Rachelle Johnson v. Dr. A., Dr. B., and Medical Provider
Civil plenary. Dismisses Johnson’s appeal of a trial court order that required a physician retained as her expert witness to execute a release indemnifying one of his prior employers from liability that may arise for the inadvertent disclosure of confidential information. The court held that Johnson does not yet face actual prejudice from the trial court’s order.
Jamar Washington v. State of Indiana
Criminal. Affirms and remands convictions of Class D felony battery, Class A misdemeanor resisting law enforcement and Class B misdemeanor disorderly conduct, ordering the court to correct the abstract of judgment to accurately reflect the conviction of resisting law enforcement as a Class A misdemeanor rather than a Class D felony.
Terrell Hawkins v. State of Indiana
Criminal. Affirms denial of request for educational credit time. The 2011 amendment that ended state funding for educational expenses of inmates convicted of a felony and confined in a penal facility is not an ex post facto law nor did it violate Hawkins’ federal or state constitutional rights.
K.W. v. State of Indiana
Juvenile. Reverses juvenile court’s adjudication as a delinquent child, holding that a student who pulled away from a school resource officer attempting to handcuff him did not commit the equivalent of Class D felony resisting law enforcement because the officer was not acting as a law enforcement officer at the time and the elements of resisting law enforcement had not been met.
Term. of Parent-Child Rel.: T.V. (Minor child) and M.M. (Father) v. The Indiana Dept. of Child Services (NFP)
Juvenile termination. Affirms termination of parental rights.
In the Matter of M.S. (Minor Child), Child in Need of Services; M.S. (Mother) v. The Indiana Dept. of Child Services (NFP)
Juvenile. Affirms trial court determination of child in need of services.
Donald E. Wrobel v. State of Indiana (NFP)
Criminal. Affirms 30-year sentence for conviction of two counts of Class B felony sexual misconduct with a minor and being a habitual offender.
Kenneth Johnson v. State of Indiana (NFP)
Criminal. Affirms conviction of Class D felony theft.
David D. West v. State of Indiana (NFP)
Criminal. Affirms convictions of two counts of Class C felony child exploitation and two counts of Class D felony possession of child pornography.
Bradley Berry v. State of Indiana (NFP)
Criminal. Affirms conviction of Class B misdemeanor public intoxication.
Londale D. Madison v. State of Indiana (NFP)
Criminal. Affirms Class C felony conviction of burglary.
William Bruce v. State of Indiana (NFP)
Criminal. Affirms two Class A felony convictions of child molesting.
Steven Wayne Minor v. State of Indiana (NFP)
Criminal. Affirms conviction of Class D domestic battery.
Gerald W. Town v. State of Indiana (NFP)
Criminal. Affirms convictions of Class C felony sexual misconduct with a minor and Class D felony battery.
Gregory C. Walbridge v. JP Morgan Chase Bank, N.A. (NFP)
Collections. Affirms trial court’s judgment for Morgan Chase Bank.
In the Matter of the Adoption of C.E.H., minor; W.S. and E.H. v. J.T.C. and S.L.C. (NFP)
Adoption. Affirms trial court grant of J.T.C. and S.L.C.’s adoption petition.