Opinions Oct. 4, 2016

October 4, 2016

The following 7th Circuit Court of Appeals opinion was posted after IL deadline Monday:
George B. Meuser v. Carolyn W. Colvin
Appeal from the United States District Court for the Southern District of Indiana, Evansville District. Magistrate Judge William G. Hussmann Jr.
Civil. Reverses district court decision to deny George B. Meuser disability insurance benefits based on his schizophrenia diagnosis. Finds that schizophrenia constitutes a “severe impairment.”

Tuesday's opinions
Indiana Supreme Court
Robert Lewis, III v. State of Indiana
Life without parole. Resentences Robert Lewis to a total of 88 years’ imprisonment for his convictions of murder, criminal deviate conduct as a Class B felony and resisting law enforcement as a Class D felony. Remands to the trial court for the imposition of the sentences.

Indiana Court of Appeals
Charles McKeen, M.D. v. Billy Turner
Civil tort. Affirms trial court’s decision to deny Charlie McKeen’s motion to strike Dr. Robert Manges’ anticipated expert testimony. Holds that a plaintiff may raise any theories of alleged malpractice during litigation following the medical review panel process if the proposed complaint encompasses the theories, and the evidence related to those theories was before the MRP.

In the Matter of: A.K., A Child in Need of Services: J.K. (Father) v. The Indiana Department of Child Services (mem. dec.)
Juvenile. Affirms juvenile court’s judgment that A.K. is a child in need of services. Finds that the child’s father, J.K., failed to establish that he suffered a violation of his due process rights or the that the juvenile court abused its discretion in admitting challenged evidence.

Jorge Lopez v. State of Indiana (mem. dec.)
Criminal. Affirms Jorge Lopez’s conviction of Level 3 felony battery resulting in serious bodily injury to a person less than 14 years of age. Finds that the trial court did not err in including an instruction on transferred intent in its final instructions to the jury.