7th Circuit Court of Appeals
Gregory K. Weatherbee v. Michael J. Astrue, Commissioner of the Social Security Administration
U.S. District Court, Southern District of Indiana, New Albany Division, Judge Tanya Walton Pratt.
Civil. Affirms denial of application for Social Security disability insurance benefits and supplemental security income payments after plaintiff suffered serious injuries in a motorcycle crash. The decision to deny his application was supported by substantial evidence.
Indiana Court of Appeals
Thomas Kornelik v. Mittal Steel USA, Inc., et al.
Civil tort. Reverses the trial court’s decision to not reduce Kornelik’s lien arising under the Indiana Worker’s Compensation Act by attorney fees and pro rata costs, but affirms the refusal to reduce the lien in the same proportion that Kornelik’s full recovery was reduced. Based on the circumstances of the case, Lafarge, Kornelik’s employer, was not fully protected, so the trial court did not err in failing to reduce the lien in the same proportion that his full recovery was reduced. Remands with instructions for the trial court to reduce the lien by attorney fees and a pro rata share of the costs.
Jose Lozano v. State of Indiana (NFP)
Criminal. Affirms denial of motion to suppress pretrial identification evidence drawn from an allegedly impermissibly suggestive photo array and the trial court ruling that a hearsay statement concerning an unnamed third party’s purported confession to the crimes with which Lozano has been charged was inadmissible.
Freddie McKnight v. Curtis T. Hill, Jr., et al. (NFP)
Civil tort. Affirms that Hill and Wargo are entitled to absolute immunity for McKnight’s negligence claim and McKnight’s federal constitutional claims are barred by the doctrine of res judicata.
R.J.C. v. State of Indiana (NFP)
Juvenile. Affirms dispositional order placing R.J.C. with the Indiana Department of Correction.
Christopher Richmond v. State of Indiana (NFP)
Criminal. Affirms sentence for Class D felony theft.
Yasmin Wilson v. State of Indiana (NFP)
Criminal. Affirms conviction of Class A misdemeanor carrying a handgun without a license.
Javier Soto v. Monaco Coach Corp. (NFP)
Agency appeal. Reverses in part the denial of Soto’s application for adjustment of claim. Remands to the Full Worker’s Compensation Board of Indiana to vacate paragraph 27 of the hearing member’s decision, as adopted by the board, and any other portions of the decision related to the issue of Soto’s permanent and total disability. Permits the parties to present evidence and argument on this issue at a further hearing.
Tradell Marzette v. State of Indiana (NFP)
Criminal. Affirms convictions of and sentences for Class B felony conspiracy to commit robbery and four counts of Class B felony criminal confinement. Remands with instructions to vacate his conviction and sentence for Class B felony attempted robbery.
D.R., Alleged to be C.H.I.N.S.; J.R. v. I.D.C.S. & Child Advocates (NFP)
Juvenile. Affirms determination that D.R. is a child in need of services.
Indiana Tax Court had posted no opinions at IL deadline.