Opinions Jan. 16, 2020

7th Circuit Court of Appeals
Judy Prater v. Andrew Saul

19-2263
Appeal from the United States District Court for the Northern District of Indiana, Fort Wayne Division. Judge William C. Lee.
Civil. Affirms the denial of Judy Prater’s request for Social Security disability insurance benefits based on a variety of her mental and physical impairments. Finds that the sit/stand limitation in Prater’s residual functional capacity assessment specifies that Prater may change positions as needed so long as she remains in position for at least 30 minutes at a time. Finds the RFC formulation as not vague and that the decision is supported by substantial evidence.

Indiana Court of Appeals
Colin Caesar v. State of Indiana
19A-CR-01933
Criminal. Affirms Colin Caesar’s Class A misdemeanor theft conviction. Finds the Marion Superior Court did not abuse its discretion when it admitted as evidence an officer’s testimony about the content of security video from CVS.

In the Matter of: B.W., S.B. and L.W. (Minor Children) And T.W. (Mother) v. The Indiana Department of Child Services (mem. dec.)
19A-JC-1750
Juvenile CHINS. Affirms the Marion Superior Court’s order adjudicating T.W.’s minor children B.W., S.B., and L.W. as children in need of services. Finds there is sufficient evidence to support the trial court’s determination, and that the trial court did not abuse its discretion when it ordered T.W. to participate in services. Finds any error in the admission of challenged testimony was harmless.

Joy Thornton v. State of Indiana (mem. dec.)
19A-CR-2082
Criminal. Affirms Joy Thornton’s conviction in Marion Superior Court of Class A misdemeanor criminal trespass. Finds there is sufficient evidence to support the conviction.

Nelson J. Waller v. State of Indiana (mem. dec.)
19A-CR-2122
Criminal. Affirms Nelson Waller’s convictions of two counts of Level 5 felony dealing in cocaine or a narcotic drug. Finds the state presented evidence of a probative nature from which a trier of fact could find beyond a reasonable doubt that Waller dealt in cocaine or narcotic drugs.

Viola Smith and William Smith v. City of Indianapolis d/b/a Indianapolis Parks and Recreation Department (mem. dec.)
19A-CT-1963
Civil tort. Reverses the Marion Superior Court’s grant of summary judgment determining that there was no genuine issue of material fact precluding judgment in favor of the City of Indianapolis and Indianapolis Parks and Recreation against Viola and William Smith. Finds summary judgment to the city was improper and remands for further proceedings.

Adrienne Rae Pritchard v. State of Indiana (mem. dec.)
19A-CR-2110
Criminal. Affirms Adrienne Pritchard’s six-year sentence for conviction in Vermillion Circuit Court of Level 4 felony burglary. Finds the sentence is not inappropriate.

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