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Opinions Aug. 27, 2014

August 27, 2014

7th Circuit Court of Appeals
Kenneth Owen Scrogham v. Carolyn W. Colvin, acting commissioner of Social Security
13-3601
U.S. District Court, Southern District of Indiana, New Albany Division, Judge Tanya Walton Pratt.
Civil. Reverses denial of application for disability benefits and remands for further proceedings. The administrative law judge’s methodology was flawed in several respects. Three logical errors – overstating the significance of Scrogham’s daily activities, overreliance on his rehabilitative efforts as proof of his fitness for full-time work, and misinterpreting the significance of his extensive treatment – had a material effect on the ALJ’s credibility and residual functional capacity assessments.

COA declines to reverse conviction after co-defendant’s conviction overturned

August 27, 2014

A panel on the Indiana Court of Appeals Wednesday did not agree with a defendant that his conviction of attempted aggravated battery should be reversed based on the reasoning of a separate appeals panel that overturned the same conviction of his co-defendant.

7th Circuit finds ALJ’s methodology flawed, orders more proceedings

August 27, 2014

The 7th Circuit Court of Appeals found an administrative law judge’s opinion denying a man Social Security disability benefits reflects a “flawed evaluation of the record of evidence,” so it ordered more proceedings on the matter.

Fee cap provision in Med Mal Act does not reduce fund’s liability

August 27, 2014

The Indiana Supreme Court has sided with an estate in a dispute over whether the Indiana Medical Malpractice Act’s cap on attorney fees from a Patient Compensation Fund award also applies to reduce the fund’s liability. The issue is one of first impression in Indiana.

Judge rules for defendants in Indy skyline photo copyright suit

August 27, 2014

A retired attorney and photographer who has filed numerous infringement lawsuits over the use of his copyrighted photo of the Indianapolis skyline lost a contested case. The ruling judge also said the purported value of the photo is questionable.

Ex-Indiana elections chief starts politics website

August 27, 2014

Former Indiana Secretary of State Charlie White's voter fraud conviction has taken him out of politics but hasn't stopped him from writing about it.

Settlement reached in Nashville shocking case

August 27, 2014

The southern Indiana tourist town of Nashville has reached a settlement with a Michigan man who accused a deputy marshal of shocking him with a Taser gun while he was having a seizure.

Judge threatens to find Indiana mayor in contempt

August 27, 2014

A judge threatened to find a central Indiana mayor in contempt of court over a dispute about pipes blocking a courthouse entrance.

Opinions Aug. 26, 2014 ILD

August 26, 2014

Indiana Court of Appeals
Lawrence Mulry v. State of Indiana (NFP)
49A02-1312-CR-1035
Criminal. Affirms conviction of Class A misdemeanor resisting law enforcement.

Jose B. Rodriguez v. State of Indiana (NFP)
20A05-1309-CR-491
Criminal. Affirms convictions of four counts of Class A felony child molesting. Finds although the trial court did abuse its discretion in admitting evidence of extra-jurisdictional prior bad acts, the error was harmless.

In re the Marriage of: Robin D. (Hanson) Blankenship and James E. Hanson, James E. Hanson v. Robin D. (Hanson) Blankenship (NFP)
41A05-1310-DR-511
Domestic relation. Affirms denial of James Hanson’s petition to modify child support and granting of Robin Blankenship’s verified petition for rule to show cause, holding Hanson in contempt based on his child support arrearage. Judge James Kirsch dissents. He argues the trial court did abuse its discretion in denying the modification and recommends the court reverse the order and remand with instructions to enter a new child support order.

Leroy Shoaff v. Denisa Dekker (NFP)
45A05-1401-CT-43
Civil tort. Affirms judgment for $386,000 against Shoaff for his fault in a 2007 motor vehicle accident that injured Dekker’s knee.

Fernando Miranda v. State of Indiana (NFP)
49A04-1401-CR-10
Criminal. Affirms convictions for Class A misdemeanor resisting law enforcement and Class B misdemeanor public intoxication.

Orange County v. Review Board of the Indiana Department of Workforce Development and Daniel Harris (NFP)
93A02-1403-EX-144
Civil. Affirms the Review Board of the Department of Workforce Development’s determination that Orange County did not file a timely appeal to the decision that Harris was eligible for unemployment benefits.

Destiny Skeen v. Review Board of the Indiana Department of Workforce Development and Hub Restaurant LLP (NFP)
93A02-1401-EX-57
Civil. Reverses decision by the Indiana Department of Workforce Development that Skeen was discharged for just cause. Concludes the Review Board decision was not supported by substantial evidence.

Deficient counsel does not overcome convincing evidence

August 26, 2014

Even though the 7th Circuit Court of Appeals spelled out in a 17-page opinion what defense counsel should have done during a bench trial, the appellate panel ultimately concluded the deficient representation did not prejudice the case.

Opinions Aug. 26, 2014

August 26, 2014

7th Circuit Court of Appeals
Roy Smith v. Richard Brown
12-3731
U.S. District Court, Northern District of Indiana, South Bend Division.
Judge James T. Moody
Criminal. Affirms the denial of Smith’s habeas petition. Finds although Smith’s counsel appeared to be particularly deficient, Smith failed to demonstrate how his lawyer’s substandard effort prejudiced his case since there was overwhelming evidence against him.

Judges blast Indiana, Wisconsin gay marriage bans

August 26, 2014

Federal appeals judges bristled Tuesday at arguments defending gay marriage bans in Indiana and Wisconsin, with one Republican appointee comparing them to now-defunct laws that once outlawed weddings between blacks and whites.

Termination of drug court placement over missed therapy affirmed

August 26, 2014

A woman who missed several drug court mental health therapy sessions failed on appeal to prove she was wrongly terminated from the problem-solving court.

Deputy’s lack of certification not an issue in suspension of license

August 26, 2014

A Shelby County man’s refusal to submit to a chemical test for alcohol intoxication voided his argument that his driving privileges should be reinstated because the arresting deputy was not qualified to administer the sobriety test.

Court upholds $4.7 million judgment in divorce case, orders hearing on stock interests

August 26, 2014

In a divorce decree complicated by the husband’s ownership and interest in several construction and development companies, the Indiana Court of Appeals affirmed he must pay his wife more than $4.7 million as an equalization payment, plus any interest accruing after 90 days.

Court affirms escape conviction for home detention violation

August 26, 2014

The Indiana Court of Appeals Tuesday affirmed a Class D felony escape conviction for an Indianapolis man arrested after he broke his home detention curfew.

COA rules workers’ comp is remedy for temporary employee

August 26, 2014

A man who suffered severe heat stroke while working as a temporary employee failed to convince the Indiana Court of Appeals this his only employer was the temp agency.

Court affirms judgment in favor of insurer over fire damages

August 26, 2014

An insurer was entitled to summary judgment in a lawsuit filed by a couple who claimed the policy limits did not fully compensate them after a fire destroyed their home.

Disciplinary Actions – 8/27/14

August 26, 2014

Read who recently was reinstated to practice.

Court must make findings in denying visitation for imprisoned dad

August 26, 2014

A man released to probation on a murder conviction but subsequently ordered to serve the remainder of his sentence following probation violations failed to persuade the Indiana Court of Appeals to reverse denial of his request for parenting time.

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