Opinions Feb. 12, 2019

Keywords Opinions

7th Circuit Court of Appeals
Danny Ray v. Nancy Berryhill

Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Magistrate Judge Matthew P. Brookman.
Civil. Vacates the denial of supplemental security income and disability insurance benefits to Danny Ray, finding an administrative law judge erroneously discredited Ray, failed to treat his prior job as “composite,” and improperly assessed his functional abilities compared to the job requirements for a bus monitor in the general economy. Remands to the U.S. District Court for the Southern District of Indiana with instructions to remand the case to the Social Security Administration for further proceedings.

Indiana Court of Appeals
Cody J. Chambless v. State of Indiana

Criminal. Affirms Cody Chambless’ convictions of Level 5 felony domestic battery, Level 6 felony domestic battery, and Level 6 felony strangulation. Finds the Allen Superior Court did not abuse its discretion in admitting the jail phone conversation between Chambless and K.B., or in admitting a statement K.B. made to a medic. Also finds statements made during K.B.’s 911 call were excited utterances and therefore admissible. Concludes there is sufficient evidence to support the convictions.

Dennis Jason Lee v. State of Indiana (mem. dec.)
Criminal. Affirms the Ripley Superior Court’s order revoking Dennis Lee’s probation. Finds the trial court did not abuse its discretion in ordering Lee to serve the remainder of his previously suspended sentence.

Keith Franklin Cleveland, Jr. v. State of Indiana (mem. dec.)
Criminal. Affirms Keith Cleveland Jr.’s convictions of Level 3 felony armed robbery and two counts of Level 6 felony pointing a firearm. Finds the Lake Superior Court did not abuse its discretion in admitting testimony. Finds the trial court did not err in denying his request for a new attorney on the day of trial. Concludes Cleveland’s constitutional right to counsel was not violated.

Andrey Farafonov v. State of Indiana (mem. dec.)
Criminal. Affirms Andrey Farafonov’s conviction of Level 6 felony battery of a public safety officer. Finds the Marion Superior Court erred in failing to make an adequate inquiry into Farafonov’s indigency or ability to pay the costs, fine, and fees ordered. Vacates the order and remands for an indigency hearing.

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