Opinions March 14, 2016

March 14, 2016

7th Circuit Court of Appeals
Paul Dimmett v. Carolyn Colvin
United States District Court for the Southern District of Indiana, Evansville Division, Chief Judge Richard L. Young.
Civil/Social Security disability. Reverses grant of summary judgment in favor of the Social Secuirty Administration. The denial was not a reasonable analysis of the plaintiff's claim and served to rubber stamp the agency's denial of benefits for a 33-year sheet metal journeyman who sought disability benefits due to chronic breathing difficulties and possible exposure to asbestos.

Indiana Court of Appeals
Parkview Hospital v. Thomas E. Frost by Shirley A. Riggs, his Guardian
Civil plenary. Affirms in a split decision that evidence of discounts provided to patients who either have private health insurance or are covered by government health care reimbursement programs is relevant, admissible evidence under Indiana Hospital Lien Act. Majority Senior Judge Ezra Friedlander and Chief Judge Nancy Vaidik relied on Stanley v. Walker, 906 N.E.2d 852 (Ind. 2009), to affirm the trial court. Dissenting Judge Edward Najam would reverse the trial court, unpersuaded that Stanley controlled. He wrote Allen v. Clarian Health Partners, Inc., 980 N.E.2d 306 (Ind. 2012), which establishes hospital chargemaster lists as the basis for pricing health care goods and services, was the controlling authority, but he urged the Indiana Supreme Court to reconsider Allen.

James J. Wyatt v. State of Indiana (mem. dec.)
Criminal. Affirms James Wyatt’s convictions of Level 6 felony counts of residential entry and battery with moderate bodily injury.

Charles Darryl Jenkins, Jr. v. State of Indiana (mem. dec.)
Criminal. Affirms Charles Jenkins’ conviction and sentence for robbery as a Level 3 felony.

Basden Breakfield v. State of Indiana (mem. dec.)
Criminal. Affirms the trial court did not abuse its discretion by presenting irrelevant evidence at sentencing of Basden Breakfield for convictions of burglary, two counts of rape, three counts of criminal deviate conduct, two counts of battery, and two counts of criminal confinement. Remands with instructions to vacate one count of criminal confinement because it violates the continuing crime doctrine.

Ronald Eric McMahan v. State of Indiana (mem. dec.)
Criminal. Affirms Ronald McMahan’s convictions of three counts of attempted robbery and murder in the perpetration of a felony.

Christopher Sutton v. State of Indiana (mem. dec.)
Post-conviction relief. Affirms order quashing Christopher Sutton’s subpoenas in his post-conviction appeal of a Class A child molesting conviction.