Opinions July 26, 2016

July 26, 2016

7th Circuit Court of Appeals
Mikeal G. Cole Jr. v. Carolyn W. Colvin, acting commissioner of Social Security
Appeal from U.S. District Court, Northern District of Indiana, Fort Wayne Division. Judge Robert L. Miller Jr.
Civil. Reverses denial of Cole’s application for disability benefits and remands to the Social Security Administration for reconsideration. The administrative law judge’s decision was unreasoned and should not have been affirmed, as it appears she cherry picked the medical record, which is improper.

Indiana Supreme Court
State Farm Mutual Automobile Insurance Company v. Carol Jakubowicz, individually and as Parent and Legal Guardian of Jacob Jakubowicz and Joseph Jakubowicz, minors
Civil tort. Affirms trial court denial of State Farm’s motion for summary judgment in a personal injury lawsuit arising from a crash involving an underinsured motorist. Because State Farm’s policy provision requiring an insured to bring suit within three years is in direct conflict with the policy’s requirement that it will pay only if the underinsured motorist’s insurance has been exhausted, the policy is ambiguous and must be construed in favor of the injured.

Indiana Court of Appeals
Jerry W. Young v. State of Indiana
Criminal. Reverses trial court’s decision to merge convictions for rape and criminal deviate conduct and to apply two enhancements to a single conviction. Remands with instructions to enter judgment of conviction for Class B criminal deviate conduct. Also orders the repeat sexual offender enhancement be attached to the criminal deviate conduct conviction with both sentences running concurrent to the rape conviction for an aggregate sentence of 80 years.   

Clayton Doctor v. State of Indiana
Criminal. Affirms trial court order denying Doctor’s motion to suppress evidence seized during a traffic stop. Remands for further proceedings in Doctor’s criminal trial in which he’s charged with Class A felony counts of dealing in cocaine and conspiracy to commit dealing in cocaine. The traffic stop based on a window-tint violation after authorities received a tip alleging Doctor was transporting and dealing drugs did not violate Doctor’s constitutional rights. Denies the state’s motion to dismiss based on an untimely notice of appeal.  

Lamont Perkins v. State of Indiana
Criminal. Affirms conviction of possession of paraphernalia as a Level 6 felony. Finds the statute does not require the amount of controlled substance be a usable amount. Rules intent to introduce a controlled substance into one’s body may be inferred from circumstantial evidence. Also concludes state statute requires only intent to use the syringe needles to introduce narcotics into a person’s body, not actual use of narcotics and injection equipment.  
Kenneth Wells v. State of Indiana (mem. dec.)
Criminal. Affirms conviction for theft, a Class A misdemeanor.

Hugo Hernandez-Diaz v. State of Indiana (mem. dec.)
Criminal. Affirms Hernandez-Diaz’s conviction for attempted child molesting as a Class A felony. Remands with instructions to clarify that Hernandez-Diaz is a credit-restricted felon because he is a person who has been convicted of child molesting involving other sexual conduct.

Herbert Cox III v. State of Indiana (mem. dec.)
Criminal. Affirms Porter Superior Court’s denial of Cox’s motion to correct erroneous sentence.