Court opinions

The following 7^th Circuit Court of Appeals opinion was posted after IL Deadline on Friday.

Peggy Jo Smith v. Professional Transportation and Ronald D. Romain
20-2046
Appeal from United States District Court for the Southern District of Indiana, Evansville Division. Judge Richard L. Young.

Civil. Vacates the Southern District Court’s summary judgment order in part and remands with instructions to permit Peggy Jo Smith’s individual claims to proceed against Professional Transportation Inc. Finds that the district court erred by refusing to allow Smith to proceed on her individual claims and that she is entitled to proceed individually, regardless of what happens to the collective action.

Indiana Court of Appeals
Carl Eugene McDonald v. State of Indiana
21A-CR-363
Criminal. Dismisses in part, affirms in part, reverses in part. Finds Carl McDonald may not challenge on direct appeal the validity of his convictions for operating a vehicle while intoxicated, endangering a person with a passenger less than e18 years old, a Level 6 felony; three counts of Level 6 felony neglect of a dependent; operating a motor vehicle without ever receiving a license, a Class C misdemeanor; and for being a habitual vehicular substance offender. Also finds that the Cass Superior Court abused its discretion in sentencing McDonald but that remand to the trial court is only necessary so that the HVSO enhancement may be attached to a specific felony. Dismisses McDonald’s double jeopardy claims without prejudice so that they may be brought through a petition for post-conviction relief. Remands with instructions to correct the abstract of judgment.

Indiana Court of Appeals

Stephen M. Davis v. State of Indiana (mem. dec.)
21A-CR-52
Criminal. Affirms Stephen M. Davis’ sentence to five years executed in the Department of Correction for his conviction of Level 5 felony attempted overpass mischief. Finds the Madison Circuit Court did not abuse its discretion when it sentenced Davis. Also finds Davis’ sentence is not inappropriate in light of the nature of the offense and his character. Judge Elizabeth Tavitas concurs in result with separate opinion.

7^th Circuit Court of Appeals

Mike Butler v. Kilolo Kijakazi, Acting Commissioner of Social Security
20-3187
Appeal from the United States District Court for the Northern District of Indiana, South Bend Division. Judge Damon R. Leichty.

Civil. Affirms the denial of Mike Butler’s request for disability insurance benefits under Title II of the Social Security Act. Finds the administrative law judge did not fail to consider Butler’s age. Also finds the ALJ followed the procedures that are appropriate to a case such as this one in which exertional and nonexertional impairments impede the claimant’s ability to perform some jobs within a category. Finally, finds any error in the district court’s failure to recite expert testimony as to the number of jobs available to Butler to Indiana was harmless.

Indiana Court of Appeals

In re the Matter of D.L. (Minor Child), M.L. (Father) v. Indiana Department of Child Services (mem. dec.)
20A-JC-2108
Juvenile CHINS. Affirms the adjudication of father M.L.’s minor child, D.L., as a child in need of services. Finds M.L. has not established that his due process rights were violated or that the juvenile court abused its discretion when it refused to take judicial notice of his pending post-conviction relief petition. Also finds the Department of Child Services proved D.L. is a CHINS.

Indiana Court of Appeals
Marcos Leon v. State of Indiana (mem. dec.)
21A-CR-107
Criminal. Affirms the sentencing order entered after Marcos Leon pleaded guilty to Level 6 felony attempted voyeurism. Finds the Vanderburgh Circuit Court’s reasoning for declining to enter Leon’s conviction as a Class A misdemeanor was based on the circumstances of the crime, not because the state objected, so Leon failed to show there is a need for a remand. Also finds the trial court did not abuse its discretion by denying Leon’s request to enter his conviction as a misdemeanor.

Indiana Court of Appeals

D.W. v. State of Indiana (mem. dec.)
20A-JV-1811
Juvenile. Affirms the order waiving D.W. into adult court following the state’s petition alleging him to be a delinquent. Finds the juvenile court did not abuse its discretion in waiving D.W. into adult court given his history of sexually abusing multiple children since 2012.

Indiana Court of Appeals
Linda G. Holsten, individually and as surviving spouse of Paul A. Holsten, Deceased v. Lynn Faur, M.D., and Cameron Memorial Community Hospital, Inc. a/k/a Urgent Care of Cameron Hospital
20A-CT-2072
Civil tort. Vacates the Steuben Circuit Court’s entry of partial summary judgment to Cameron Memorial Community Hospital on the sepsis theory of Linda Holsten’s medical malpractice complaint. Finds the trial court lacked subject matter jurisdiction over the sepsis theory portion of Holsten’s claim because it was not presented to the medical review panel. Remands with instructions for the trial court to dismiss, without prejudice, the sepsis theory portion of her claim.