Opinions Feb. 13, 2017

Keywords Opinions

The following 7th Circuit Court of Appeals opinions were posted Friday after IL deadline:
Douglas A. Bird v. Nancy A. Berryhill, Acting Commissioner of Social Security
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge William T. Lawrence.
Civil. Affirms the district court’s decision to remand Douglas A. Bird’s disability insurance claim to the Social Security Administration. Finds Bird’s disability rating from the Department of Veterans Affairs alone is not enough to show that he is entitled to benefits.

United States of America v. Minas Litos and Adrian and Daniela Tartareanu
16-1384, -1385, 2248, 2249, 2330
Appeals from the United States District Court for the Northern District of Indiana, Hammond Division, Judge Philip P. Simon.
Criminal. Affirms sentences for wire fraud convictions in a bank-mortgage fraud scheme, but reverses a restitution order demanding defendants repay $893,015 to Bank of America. Because the bank acted in a reckless manner in approving dubious loans for defendants who clearly falsified their ability to repay them, the restitution order is remanded with instructions that the district court consider levying a fine on Bank of America in the same amount under 18 U.S.C. § 3571(d).

Monday's opinions
Indiana Court of Appeals
Lori A. Spang v. Timothy R. Spang (mem. dec.)
Domestic relation. Affirms the grant of Timothy Sprang’s objection to the relocation of his 12-year-old daughter, E.S., with her mother, Lori Sprang, and his petition for modification of custody. Finds the Allen Superior Court did not abuse its discretion because it properly considered all factors and Timothy Sprang met his burden of proof to demonstrate that the proposed location was not in E.S.’s best interest.

Katherine Fraze v. The Floyd County Health Department and The City of New Albany Department of Animal Control (mem. dec.)
Civil collection. Affirms the Floyd Superior Court order that Katherine Fraze vacate the premises of the property where she resides in Floyd County and refrain from using it as a residence until she obtains a sewer connection or completes the installation of a septic system approved by the Floyd County Health Department.  Finds the trial court did not abuse its discretion.

Charles Goodman v. State of Indiana (mem. dec.)
Criminal. Affirms Charles Goodman’s convictions of operating a vehicle while intoxicated causing death as a Level 4 felony and driving with a suspended license as a Class A infraction, and his sentence to six years in the Indiana Department of Correction with three years suspended. Finds any error in the admission of a photograph as evidence was harmless and that Goodman’s sentence is not inappropriate in light of the nature of the offenses or his character.

Josselyn Patricia Johnson v. State of Indiana (mem. dec.)
Criminal. Affirms Josselyn Johnson’s sentence to five years in the Indiana Department of Correction for her conviction of robbery as a Level 5 felony. Finds the Lake Superior Court did not abuse its discretion in failing to find certain mitigating circumstances and that Johnson’s sentence is not inappropriate in light of the nature of her offense and her character.

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