Opinions Nov. 7, 2022

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The following 7th Circuit Court of Appeals opinion was published after IL deadline on Friday.
Karrine Milhem v. Kilolo Kijakazi, acting Commissioner of Social Security
Appeal from the United States District Court for the Northern District of Indiana, Fort Wayne Division. Judge Susan L. Collins.
Civil. Affirms Karrine Milhem’s denial of Social Security benefits. Finds the evidence supports the denial. Finds Milhem waived her argument that there must be a regulation defining how many jobs are “significant” for a step-five determination to be made. Finds Milhem’s remaining arguments fail on the merits. Concludes the ALJ has discretion to determine whether jobs exist only in very limited number.

Monday opinions
Court of Appeals of Indiana
Jajuan L. Clayton v. State of Indiana (mem. dec.)

Criminal. Affirms Jajuan Clayton’s conviction for Level 2 felony dealing in a Schedule I controlled substance. Finds sufficient evidence to support the conviction.

Steven D. Timberlake v. State of Indiana (mem. dec.)
Criminal. Affirms the revocation of Steven D. Timberlake’s probation and the Floyd Superior Court’s order that he serve the entirety of his previously suspended sentence. Finds the trial court did not abuse its discretion in ordering Timberlake to serve the entirety of his suspended sentence.

N.D. v. Review Board of the Indiana Department of Workforce Development (mem. dec.)
Agency. Affirms the Review Board of the Indiana Department of Workforce Development’s order finding that N.D. is ineligible for unemployment benefits. Finds N.D. knowingly violated 3M’s attendance policy and 3M discharged her for just cause.

Joseph Cline v. FitzMark, Inc. (mem. dec.)
Miscellaneous. Affirms the Marion Superior Court’s award of attorney’s fees to FitzMark, Inc. against Joseph Cline. Finds that attorney’s fees are warranted based on both substantive and procedural bad faith and remands for a determination of an appropriate amount of appellate attorney’s fees to be awarded to FitzMark.

In the Termination of the ParentChild Relationship of N.D., C.P., and Li.D. (Minor Children), and L.D. (Mother) v. Indiana Department of Child Services (mem. dec.)
Juvenile termination. Affirms the involuntary termination of L.D.’s parental rights to her children, N.D., C.P., and Li.D. Concludes the Vigo Circuit Court’s determination that termination is in the children’s best interests is supported by clear and convincing evidence.

Certain Real Property Commonly Known as 2347 Wabash Ave, Gary Indiana, and John Taylor v. Estate of Jearlean Marie Covington, By Its Personal Representative, Iris Jean Jordan (mem. dec.)
Civil tort. Affirms the denial of John Taylor’s motions for relief from judgment and to set aside summary judgment under Ind. Trial Rule 60(B). Finds Taylor has not demonstrated that he is entitled to relief under Ind. Trial Rule 60(B) and did not allege a meritorious claim or defense. Finds the Lake Superior Court did not err in denying Taylor’s motion for relief for judgment based on newly discovered evidence.

Dean White, Gwenivere, LLC, and Etropal, LLC v. John Moultrie (mem. dec.)
Miscellaneous. Remands the LaPorte Circuit Court’s Jan. 20, 2022 order dismissing Dean White, Gwenivere, LLC, and Etropal, LLC’s action against John Moultrie pursuant to Ind. Trial Rule 41(E) for failure to prosecute. Finds the lack of an order on the plaintiff’s Feb.17, 2022 motion for relief from judgment and the trial court’s scheduling of a hearing on that motion requires remand. Remands for the trial court to hold a hearing and enter an order on the motion for relief from judgment.

James L. Brower v. Kali Ballard (mem. dec.)
Domestic relations with children. Affirms the restrictions placed on James Brower’s parenting time with his minor daughter per recommendations by the child’s Guardian ad Litem. Concludes that the Wayne Circuit Court did not abuse its discretion when it determined, under Indiana Code § 31-17-4-1(a), that Brower’s parenting time would endanger the child’s physical health or significantly impair her emotional development.

Jesse Andrew Dobbs v. State of Indiana (mem. dec.)
Criminal. Affirms Jesse Andrew Dobbs’ conviction of Level 6 felony misdemeanor battery of a public safety official and Class A misdemeanor resisting law enforcement. Finds Dobbs committed resisting law enforcement by forcibly resisting his lawful arrest.

Andrea R. Cottrell v. State of Indiana (mem. dec.)
Criminal. Affirms the revocation of Andrea Cottrell’s probation after a finding that she violated it. Finds the trial court was well within its discretion to determine that Cottrell was not a suitable candidate to continue on probation. As such, concludes that the Vermillion Circuit Court did not abuse its discretion when it ordered Cottrell to serve the entirety of her previously suspended sentence in the Department of Correction.

Brian Matthew Williams v. State of Indiana (mem. dec.)
Criminal. Affirms Brian Williams’ conviction for Class A misdemeanor conviction for invasion of privacy and the admission of certain Facebook posts into evidence. Finds the St. Joseph Superior Court did not abuse its discretion in admitting the messages. Concludes that evidence of probative value was admitted from which a reasonable jury could find beyond a reasonable doubt that Williams committed invasion of privacy.

Thomas G. Spiece v. State of Indiana (mem. dec.)
Criminal. Affirms the Wabash Superior Court’s executing eight months of Thomas G. Spiece’s one year suspended sentence after he admitted to violating a condition of his probation. Finds Spiece failed to establish that the trial court abused its discretion in executing only eight months of his suspended sentence.

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