Opinions Aug. 3, 2018

August 3, 2018

7th Circuit Court of Appeals 
Susan Spicher v. Nancy Berryhill 

Appeal from the United States District Court for the Northern District of Indiana, Fort Wayne Division. Judge William C. Lee
Civil. Reverse and remands the denial of social security disability insurance benefits and supplemental security income to Susan Spicher. Finds the administrative law judge did not provide reasoning for her rejection of medical observations that undercut her conclusion. Remands for the ALJ to address Dr. Crystal Strong’s recommendation that Spicher regularly ambulate and evidence that Spicher could not perform certain postural activities and account for the effects of Spicher’s humerus fracture and carpal tunnel syndrome. 

Indiana Court of Appeals 
Kathy Dotson v. Stryker Corporation, Brad Bolinger, Patrick Reagan, Jeffrey M. Sheedy, M.D., Rochester Orthopedics, P.C., and Woodlawn Hospital

Civil plenary. Affirms the Fulton Circuit Court’s grant of summary judgment in favor of Stryker Corporation, Brad Bolinger, Patrick Reagan, Dr. Jeffrey M. Sheedy, Rochester Orthopedics, P.C., and Woodlawn Hospital. Finds the trial court did not abuse its discretion when it denied Kathy Dotson’s motion to strike the designated deposition. Also finds it did not err in entering summary judgment on the grounds that Dotson had filed her complaint outside of the relevant statute of limitations.

William P. Stickrod v. State of Indiana
Criminal. Affirms in part, reverses in part William Stickrod’s convictions of Level 5 felony possession of methamphetamine and Class C misdemeanor possession of paraphernalia. Finds the trial court did not err in admitting evidence found during a search of Stickrod’s residence because the search did not violate his Fourth Amendment rights. Also finds the trial court did not violation Stickrod’s Sixth Amendment rights when it barred Jessica Caliz’s testimony. Finally, finds the entry of judgment of conviction against Stickrod for Level 5 and Level 6 felony possession of meth violated double jeopardy prohibitions. Remands with instructions to vacate the Level 6 felony conviction.

Michael E. Wisehart v. State of Indiana (mem. dec.) ​​​​​​​
Criminal. Affirms the Howard Superior Court’s revocation of Michael Wisehart’s probation. Finds the trial court did not abuse its discretion in revoking Wisehart’s probation or ordering him to serve the balance of his previously suspended sentence. 

Jonathon Andrew Moore v. State of Indiana (mem. dec.)
Criminal. Affirms Jonathon Andrew Moore’s conviction for Level 5 felony battery by a person at least 18 years of age resulting in bodily injury to a person under 14 years of age. Finds there is sufficient evidence to support the conviction.