Articles

Indiana Court Decisions: May 19-June 1, 2022

7th Circuit Court of Appeals Published May 18, posted to theindianalawyer.com on May 19 Danielle Albert v. Kilolo Kijakazi, Acting Commissioner of Social Security 21-2592 7th Circuit affirms denial of disability benefits, urges petitioner to ‘give work a shot’ A northern Indiana woman who applied for Social Security disability benefits shortly after graduating from high […]

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Opinions June 1, 2022

Court of Appeals of Indiana
Timothy DeWayne Forshee v. State of Indiana (mem. dec.)
21A-CR-2228
Criminal. Affirms Timothy DeWayne Forshee’s sentence to an aggregate of five years executed for his convictions of three counts of Level 5 felony sexual misconduct with a minor. Finds the Madison Circuit Court did not abuse its discretion in sentencing Forshee. Also finds Forshee’s sentence is not inappropriate.

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Opinions May 24, 2022

The following 7th Circuit Court of Appeals opinion was posted after IL deadline on Monday:

Lamone Lauderdale-El v. Indiana Parole Board 
21-1242
Appeal from the United States District Court for the Southern District of Indiana, Terre Haute Division. Judge James Patrick Hanlon.
Civil. Affirms the dismissal without prejudice of Lamone Lauderdale-El’s habeas corpus petition for failure to exhaust state remedies. Finds the dismissal was a final, appealable judgment. Overrules the contrary jurisdictional holdings of Gacho v. Butler, 792 F.3d 732 (7th Cir. 2015), and Moore v. Mote, 368 F.3d 754 (7th Cir. 2004). Also finds the appeal is not moot. Finally, finds Lauderdale-El could have pursued his good-time credit restoration claim in state court.

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Opinions — May 20, 2022

Court of Appeals of Indiana
The City of Bloomington, Indiana, et al. v. Andrew Guenther, et al.  
21A-MI-2600
Miscellaneous. Reverses the Monroe Circuit Court’s determination that Andrew Guenther was entitled to the vacant citizen member seat on the City of Bloomington’s Plan Commission and its order for Christopher Cockerham to vacate the seat. Finds the trial court’s decision was clearly erroneous. Also finds Cockerham was validly appointed to the commission and may continue his service.

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