Opinions Jan. 8, 2015

January 8, 2015

The following 7th Circuit Court of Appeals opinion was posted after IL deadline Wednesday:
Daniel P. Minnick v. Carolyn W. Colvin, acting commissioner of Social Security
U.S. District Court, Northern District of Indiana, Fort Wayne Division, Judge Joseph S. Van Bokkelen.
Civil. Reverses judgment of the District Court upholding the acting commissioner’s decision to deny benefits to Minnick and remands for further proceedings. The administrative law judge did not fully develop the record before drawing any conclusions and did not adequately articulate her analysis so that the appellate court could follow her reasoning.

Thursday’s opinions
Indiana Supreme Court

Frank Jacobs v. State of Indiana
Criminal. Affirms trial court prohibition of evidence of specific instances of conduct regarding victim G.L.’s truthfulness. Indiana Evidence Rule 608 provides that the credibility of a witness may be attacked or supported by evidence in the form of opinion or reputation for truthfulness but that specific instances may not be inquired into or proven by extrinsic evidence.

Indiana Court of Appeals
Tajuanda Berry v. State of Indiana
Criminal. Affirms sentence for Class A misdemeanor trespass. The trial court did not order Berry to stay away from all properties managed by the Indianapolis Housing Agency as a part of her sentence.

Scott Hitch v. State of Indiana
Criminal. Reverses determination that Hitch committed a crime of domestic violence after he was convicted of Class A misdemeanor battery by a jury. The determination infringed upon Hitch’s Sixth Amendment right to a jury trial when it found a fact that increased the penalty for his conviction beyond the statutory maximum in violation of Blakely v. Washington.

Kristopher Souter v. State of Indiana (NFP)
Criminal. Reverses $2,500 restitution order following guilty plea to Class D felony receiving stolen property and Class B misdemeanor false informing. Remands with instructions to recalculate the amount of restitution owed by Souter.

Joel Bryce Granberry v. The Bank of New York Mellon Renovations by Russell LLC (NFP)
Civil tort. Affirms denial of Granberry’s motion to correct error, which challenged the dismissal of his actions against The Bank of New York Mellow and Renovations by Russell LLC. Remands for a determination of appellate attorney fees owed to Renovations by Russell.