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Opinions Feb. 9, 2016

February 9, 2016

The following opinion was posted yesterday after IL deadline:
7th Circuit Court of Appeals
Robert Hoyt v. Michael Benham
12-1581
U.S. District Court for the Southern District of Indiana, New Albany Division. Chief Judge Richard Young.
Civil. Affirms finding for the defendants. Rules Hoyt fails in his claim that he has a right to use the Forest Service’s road and finds Hoyt also fails to prove that a small access road, known as the Strip, has become a public road.   

Tuesday’s opinions
7th Circuit Court of Appeals
Debbie A. Stage v. Carolyn W. Colvin, Acting Commissioner of Social Security
15-1837
U.S. District Court for the Northern District of Indiana, Hammond Division. Judge Joseph Van Bokklelen.
Civil. Vacates the denial of Stage’s application for supplemental security income, disability insurance benefits and disabled widow’s benefits. Finds the medical evidence does not support the administrative law judge’s decision that Stage could stand or walk for six hours a day; stoop, crouch, occasionally climb ramps or stairs; and lift or carry up to 20 pounds. Remands for further consideration.

Indiana Court of Appeals
Robert Samuels and Simon Lynes v. Berney W. Garlick, Laurie A. Garlick, Deutsche Bank National Trust Company, as Trustee for Saxon Asset-Securities Trust 2007-4, and Ind. Dept. of Revenue
49A05-1509-MF-1348
Mortgage foreclosure. Affirms grant of Deutsche Bank’s motion for partial summary judgment, giving its mortgage priority. Finds despite errors in the description of the mortgaged property, the account of the mortgaged premises is a “facially valid legal description.”  

Nicole Miller v. State of Indiana
49A05-1507-CR-789
Criminal. Reverses on interlocutory appeal denial of a motion to suppress evidence gathered in a search of Miller, who walked away from police seeking to question her in response to a call concerning a report of a disturbance. Because police lacked probable cause for their subsequent arrest and search, Miller’s well-established right to walk away was violated when she was arrested, and a search that followed violated her Fourth Amendment rights. Remands for further proceedings.

Larry A. Jones v. John P. Brinson (mem. dec.)
82A01-1508-CT-1229
Civil tort. Affirms dismissal of Jones’ malpractice complaint against his attorney. Finds Jones did not state a claim upon which relief could get granted. Also, Jones already had an appeal pending for the dismissal of the same complaint by the small claims court. Under Trial Rule 12(B)(8), the second complaint is subject to dismissal.

Ni Kung v. State of Indiana (mem. dec.)
49A02-1504-CR-196
Criminal. Affirms conviction for patronizing a prostitute, a Class A misdemeanor.

B.A.T. v. State of Indiana (mem. dec.)
33A04-1506-JV-684
Juvenile. Affirms placement in the Indiana Department of Correction rather than Youth Opportunity Center, a juvenile detention facility.

Khampaseuth O. Lothvilaythong v. State of Indiana (mem. dec.)
02A03-1507-CR-920
Criminal. Affirms aggregate sentence of 35 years for convictions of one count of Class A felony child molesting and one count of Class C felony child molesting.

In the Matter of the Term. of the Parent-Child Relationship of L.P. and B.C., B.P. and I.P. v. Ind. Dept. of Child Services (mem. dec.)
40A04-1507-JT-868
Juvenile. Affirms termination of parental rights.

James Boggess v. State of Indiana (mem. dec.)
49A02-1506-CR-681
Criminal. Affirms the trial court’s decision to not award Boggess credit for time served or good-time credit.

Travion D. Kirkland v. State of Indiana (mem. dec.)
20A03-1507-CR-1057
Criminal. Affirms conviction for felony murder and 59-year sentence.


 

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