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Opinions July 21, 2016

July 21, 2016

The following 7th Circuit Court of Appeals opinions were posted after IL deadline Wednesday:
Elizabeth G. Taylor v. Carolyn W. Colvin, acting commissioner of Social Security
15-3529
Appeal from U.S. District Court, Southern District of Indiana, Indianapolis Division. Magistrate Judge Debra McVicker Lynch.
Civil. Reverses denial of application for Supplemental Security Income and remands to the Social Security Disability Office for further proceedings. The denial of benefits for Taylor, who has an intellectual disability, lives at home with her mother, and is unable to remember how to do many tasks, is unsupported and the District Court should not have affirmed it.

Robertson Fowler III v. Keith Butts, superintendent, New Castle Correctional Facility
15-1221
Appeal from U.S. District Court, Southern District of Indiana, Indianapolis Division. Judge Jane Magnus-Stinson.
Civil. Vacates denial of Fowler’s petition for a federal collateral attack on sentence, in which Fowler sought to challenge the use of a prior conviction to establish his status as both a “serious violent felon” and as a habitual offender. Remands for a decision by a different judge as Judge Jane Magnus-Stinson was the state court judge who heard Fowler’s case and sentenced him, and is the federal judge who denied his petition. Also overrules two lines of decisions in the 7th Circuit.

Thursday’s opinions
Indiana Supreme Court
In the Matter of: Joseph C. Lehman
20S00-1507-DI-431
Discipline. Disbars Lehman for unauthorized practice of law while suspended. Previous sanctions have not deterred him from continuing to engage in the practice of law in defiance of his suspension order, and his repeated violations have exposed the public to the danger of attorney misconduct by him.

Jay Classroom Teachers Association v. Jay School Corporation and Indiana Education Employment Relations Board
49S05-1603-PL-113
Civil plenary. Affirms decision by the Indiana Education Employment Relations Board to affirm the factfinder who examined both sides’ last best offers and adopted the school’s LBO as the collective bargaining agreement for the 2013-2014 school year. Finds the IEERB’s affirmance was lawful and that the adopted LBO, including the salary flexibility provision, was collectively bargained and that important checks limited the superintendent’s discretion. Justice Rucker dissents, and would affirm the Court of Appeals judgment reversing the trial court.

Indiana Court of Appeals
Manee Edler v. Regions Bank, and Jenner Properties, LLC
53A01-1512-MF-2264
Mortgage foreclosure. Reverses the denial of Edler’s motion to correct error, which sought to set aside the payment of mortgage foreclosure surplus proceeds to Regions Bank. The trial court misinterpreted or misapplied the law regarding disbursement of surplus sale proceeds following a sheriff’s foreclosure sale. Remands with instructions that the surplus sale proceeds be disbursed to Edler.

William Hunter v. State of Indiana
34A04-1506-CR-751
Criminal. Affirms 20-year sentence, with five years served on home detention, following guilty plea to Class B felony possession of a firearm by a serious violent felon. Finds his sentence is not inappropriate given his criminal history.

Mikel An Krueger v. State of Indiana
82A01-1509-CR-1392
Criminal. Affirms conviction for Class B felony neglect of a dependent. Concludes the state presented sufficient evidence to show that Krueger knowingly or intentionally placed her son in a situation that endangered his life or health, and resulted in serious bodily injury.

Maureen Maynard, as Personal Representative of the Estate of Frank Cavazos v. Golden Living in its own capacity and d/b/a Golden Living Center-Sycamore, et al., and Anonymous M.D., et al.
34A04-1512-CT-2153
Civil tort. Affirms grant of Golden Living’s motion to dismiss Maynard’s negligence and breach of contract complaint, demand for arbitration, and motion to compel arbitration. Concludes that because the arbitration agreement is enforceable, Maureen Maynard has failed to establish a defense that renders the agreement voidable, and since Maynard was not Frank Cavazos’s legal personal representative at the time the admission and arbitration agreements were signed, the trial court did not err in granting Golden Living’s motion to compel arbitration.

Michael C. Stollings v. The State of Indiana (mem. dec.)
22A01-1512-CR-2123
Criminal. Affirms revocation of probation.

Clarence Stout a/k/a Larry Cornell v. State of Indiana (mem. dec.)
48A04-1509-PC-1411
Post conviction. Affirms denial of petition for post-conviction relief.

Jacoby Sanders v. State of Indiana (mem. dec.)
52A02-1511-CR-2061
Criminal. Remands with instructions to vacate Sanders’ Class A misdemeanor conviction of operating a vehicle while intoxicated endangering a person and Class C felony convictions of causing death when operating a motor vehicle while intoxicated and failure to stop after an accident resulting in death because of double jeopardy reasons. Affirms Class B felony conviction of failing to stop after an accident resulting in serious bodily injury.

George Dixon v. State of Indiana (mem. dec.)
84A01-1601-CR-312
Criminal. Affirms conviction of Class B felony dealing in cocaine.

B.L. v. J.S. (mem. dec.)
30A01-1502-DR-59
Domestic relations. Affirms orders that allowed mother to relocate, denied father additional parenting time, and found him in contempt of a prior parenting time order.

Jeremy Michael Neloff v. State of Indiana (mem. dec.)
71A03-1511-CR-1933
Criminal. Affirms convictions of three counts of Level 1 felony rape.

 
 

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