Opinions July 10, 2018

July 10, 2018

The following 7th Circuit Court opinions were posted after IL deadline on Monday. 
Anthony Kaminski v. Nancy A. Berryhill 

Appeal from the United States District Court for the Northern District of Indiana, South Bend Division. Judge Jon DeGuilio.
Civil. Reverses the district court’s denial of Anthony Kaminski’s application for disability insurance benefits and supplemental security income under the Social Security Act. Finds the administrative law judge erred in his interpretation of medical evidence. Remands with instructions to award benefits to Kaminski.  

Scott Robinett v. City of Indianapolis 
Appeals from the United States District Court for the Southern District of Indiana, Indianapolis Division
Judge Richard Young.
Civil. Affirms the district court’s denial of Scott Robinett’s motion for attorney fees and costs. Finds the plain reading of Indiana Code section 34-13-4-1 does not entitle Robinett to attorney fees because he was acting outside the scope of his employment. Judge Illana Rovner dissents with separate opinion.

Tuesday opinions
Indiana Court of Appeals 
Diane Seiwert and 19942 Longview Drive, LLC v. Ty Brown and Brown Roofing Co. (mem. dec.) 

Civil plenary. Affirms the Dearborn Superior Court’s judgment in favor of Ty Brown and Brown Roofing Company in the amount of $5,531.83. Finds the trial court did not err in finding that Diane Seiwert breached the parties’ contract when she instructed Brown to stop installing gutters on her home before completion and failed to pay for the work. 

Jason Humphrey v. State of Indiana (mem. dec.)
Criminal. Affirms Jason Humphrey’s conviction of Level 6 felony domestic battery. Reverses and remands with instructions to vacate Humphrey’s Class A misdemeanor domestic battery conviction. Finds the misdemeanor charge is a lesser-included offense of the felony charge.    

In the Matter of the Involuntary Termination of the Parent-Child Relationship of J.Z. (Minor Child) and J.C. (Father) v. The Indiana Department of Child Services (mem. dec.) 
Juvenile termination. Affirms the Clay Circuit Court’s termination of J.C.’s parental rights to his minor child J.Z. Finds the trial court did not err in concluding there is a reasonable probability that the reasons for placement outside of J.C.’s home will not be remedied and that the termination was in the best interest of J.Z.  

In the Matter of the Paternity of E.M.S., Angela Marie Goodson v. Jason Wyatt Schmittler (mem. dec.) 
Juvenile paternity. Affirms the Wayne Circuit Court’s grant of full legal and physical custody of Angela Goodson and Jason Schmittler’s child to Schmittler. Finds the juvenile court did not abuse its discretion in excluding testimony of certain character witnesses on behalf of the mother. Judge John Bakers concurs with separate opinion. 

Devin Combs v. State of Indiana (mem. dec.)
Criminal. Affirms Devin Combs conviction of Level 4 felony dealing in methamphetamine. Finds there was sufficient evidence to support the conviction. 

Daniel P. Brewington v. State of Indiana (mem. dec.)
Post-conviction. Reverses the Dearborn Superior Court’s denial of Daniel Brewington’s petition for post-conviction relief. Finds the post-conviction court erred in summarily denying Brewington’s PCR petition. Remands for a factfinding hearing and a decision on the merits of any claims that remain viable.