Opinions April 25, 2018

April 25, 2018

The following opinion was posted after IL daily deadline Tuesday.
Kirk W. Stephens v. Nancy A. Berryhill
Appeal from the United States District Court for the Northern District of Indiana, Fort Wayne Division. Judge Joseph S. Van Bokkelen.
Civil. Affirms the district court’s ruling upholding the decision of a Social Security administrative law judge to deny Kirk Stephens’ petition for Supplemental Security Income. The decision to deny disability benefits was based on substantial evidence.

Wednesday opinions
Indiana Supreme Court
In the Matter of Joseph Patrick Hudspeth

Attorney discipline. Suspends Johnson County attorney Joseph Patrick Hudspeth for 18 months without automatic reinstatement for violation of eight Rules of Professional Conduct, including neglecting cases, misrepresenting the status of cases to clients, and making false claims about his legal experience and expertise, among other violations.

Indiana Court of Appeals
City of Muncie Unsafe Building Hearing Authority, James Lee, Doug Marshall, Deborah Malitz, Aaron Wood, and Brad King, in their official capacities v. Popatlal Patel (mem. dec.)

Civil plenary. Reverses a Delaware Circuit Court order in favor of Popatlal Patel and remands for the trial court to enter judgment in favor of the City of Muncie Unsafe Building Hearing Authority parties, who had issued a second demolition order on a former motel property owned by Patel. The Authority’s demolition order and its decision not to release a $22,000 performance bond to Patel were not arbitrary and capricious, and the trial court abused its discretion by substituting its judgment for that of the Authority. The court expresses no opinion on whether Patel is entitled to release of the bond if the demolition work is satisfactorily completed.

Katie J. Love v. State of Indiana (mem. dec.)
Criminal. Affirms Katie J. Love’s conviction of Class C misdemeanor possession of paraphernalia after a bench trial, finding there was sufficient evidence and the Jay Superior Court did not abuse its discretion by admitting inadmissible hearsay evidence outside the record.

Dish Network v. Ronda Marsh (mem. dec.)
Agency action. Affirms the Worker’s Compensation Board of Indiana’s award of temporary total disability benefits to Ronda Marsh, who was injured in a vehicle crash that arose out of her employment with Dish Network. The board’s decision was supported by sufficient evidence. Also denies Marsh’s cross-appeal seeking to increase her compensation 10 percent by virtue of Dish’s alleged procedural bad faith, but increases her compensation by 5 percent as the decision affirms the full board’s award.

Michael Lamons Robinson, Jr. v. State of Indiana (mem. dec.)
Criminal. Affirms Michael Lamons Robinson, Jr.’s conviction of Class A misdemeanor carrying a handgun without a license. The evidence was sufficient to support the conviction.

Commissioner, Indiana Department of Insurance v. Donald L. Emry (mem. dec.)
Civil plenary. Reinstates the suspension of Donald L. Emry’s insurance producer’s license, which had been reversed after judicial review by the Hendricks Superior Court, which impermissibly reweighed the evidence. The facts most favorable to the Indiana Department of Insurance’s decision to suspend Emry’s license are sufficient to sustain the decision.