Opinions April 15, 2021

The following 7th Circuit Court of Appeals opinion was posted after IL deadline Wednesday:
Deborah M. v. Andrew M. Saul, Commissioner of Social Security
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Magistrate Judge Tim A. Baker.
Civil. Affirms the denial of Deborah M.’s request for a remand of an administrative law judge’s determination that she has the capacity to perform light work and thus is not entitled to Social Security disability benefits. Finds the ALJ did not ignore a line of evidence contradicting her decision, her assessment of plaintiff’s symptoms was not patently wrong and she did not fail to note any supported manipulative limitations. Also finds the ALJ’s decision was supported by substantial evidence.

Thursday opinions
Indiana Court of Appeals
Richard A. Colvin v. George M. Taylor

Mortgage foreclosure. Reverses the Henry Circuit Court’s December 2020 order awarding immediate possession of a house Richard A. Colvin was buying on contract to the seller. Finds the trial court violated Indiana Code § 32-30-3-6 by awarding immediate possession of the house to the seller without requiring the seller to “file[] with the court a written undertaking in an amount fixed by the court and executed by a surety.” However, also finds the trial court did not err by taking action in the case based on the COVID-19 moratorium on evictions and foreclosures because the moratorium had expired in August 2020. Remands for further proceedings.

Dee Shawn Davis v. State of Indiana (mem. dec.)
Criminal. Affirms Dee Shawn Davis’ three-year sentence for his conviction of Level 5 felony domestic battery with a prior conviction involving the same family member. Finds Davis has failed to demonstrate that his advisory sentence is inappropriate in light of the nature of the offense or his character.

Jack L. Carpenter v. Lisa R. Carpenter (n/k/a Ball) (mem. dec.)
Domestic relations, no children. Affirms the equal division of the marital estate between Jack L. Carpenter and Lisa R. Ball. Finds the Marshall Circuit Court’s judgment is not clearly erroneous.

In the Matter of the Involuntary Termination of the Parent-Child Relationship of E.C. and D.C.-W. (Minor Children) and N.C. (Mother) and L.P. (Father) v. The Indiana Department of Child Services (mem. dec.)
Juvenile termination of parental rights. Affirms the termination of mother N.C.’s parental rights to D.C.-W. and E.C. and father L.P.’s parental rights to E.C. Finds the Putnam County Department of Child Services presented sufficient evidence to support the terminations in Putnam Circuit Court.

Timothy D. Johnson v. State of Indiana (mem. dec.)
Post conviction. Affirms the order denying relief to Timothy D. Johnson on his claim that the Elkhart Superior Court upheld an improper alteration of his sentence by order of March 16, 2017, and amended on April 22, 2017. Finds Johnson’s claim is procedurally defaulted.

Columbus Regional Hospital v. Sally Clark and Ronald K. Clark v. Jane Doe, M.D. (mem. dec.)
Civil tort. Reverses the denial of Columbus Regional Hospital’s motion for summary judgment in a medical malpractice case brought by Sally Clark. Finds the unsigned letter from Clark’s expert was inadmissible hearsay which could not be considered by the Bartholomew Superior Court when ruling on the hospital’s motion for summary judgment. Also finds Clark waited too long to cure the letter’s deficiencies. Finally, finds no genuine issue of material fact exists as to the hospital’s liability. Remands for entry of summary judgment in favor of the hospital. Judge James Kirsch dissents without separate opinion.

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