Opinions Aug. 17, 2020

The following 7^th Circuit Court opinions were posted after IL deadline Friday:
United States of America v. Sevon E. Thomas
19-2129
Appeal from the United States District Court for the Southern District of Indiana, New Albany Division. Judge Tanya Walton Pratt.
Criminal. Affirms Sevon Thomas’ conviction of possession of a firearm in furtherance of a drug crime, rejecting his arguments on appeal that the district court erred by improperly admitting dual-role expert and lay testimony from a federal agent and bungling the jury instructions. Neither challenge was raised at the district court, and Thomas has not shown plain error.

Aaron P. Brace v. Andrew M. Saul, Commissioner of Social Security
19-2029
Appeal from the United States District Court for the Northern District of Indiana, Fort Wayne Division. Senior Judge William C. Lee.
Civil. Reverses the denial of Aaron Brace’s application for Social Security disability benefits based on his numerous chronic conditions. Finds the accepted testimony from a vocational expert was inscrutable. Also finds an administrative law judge’s approach does not satisfy the substantial-evidence standard. Vacates and remands for a new hearing to determine Brace’s entitlement to benefits.

Monday opinions
Indiana Court of Appeals
Judy Vigus, as Administratrix of the Estate of Ruth C. Vigus and the Estate of Eugene Vigus v. Dinner Theater of Indiana, L.P.
19A-CT-1365
Civil tort. Affirms the Marion Superior Court’s judgment for Dinner Theater of Indiana L.P. following a jury trial on Judy Vigus’s complaint alleging negligence as administratrix of the Estates of Ruth C. Vigus and Eugene Vigus. Finds the trial court did not abuse its discretion when it revoked its pretrial order on a judicial admission or when it excluded evidence of communications between the theater’s owners that they would seek a variance in the riser’s height rather than reduce that height. Also finds Vigus has not preserved for review her contention on appeal that the trial court erred when it did not instruct the jury that the theater had made a judicial admission of a building code violation.

Progressive Southeastern Insurance Company v. Robert Chastain
20A-CT-876
Civil tort. Reverses the Marion Superior Court’s denial of Progressive’s motion for summary judgment and grant of Robert Chastainn’s motion for summary judgment in his complaint seeking insurance coverage after he was injured in a scooter crash. Finds that under the unambiguous terms of the underinsured motorist portion of Chastain’s auto policy, coverage was excluded.

Michael J. Lusinger v. State of Indiana (mem. dec.)
20A-CR-18
Criminal. Affirms Michael Lusinger’s conviction for two counts of Level 6 Felony nonsupport of a dependent child. Finds the state proved venue by a preponderance of the evidence. Also finds the Brown Circuit Court did not err by concluding that Lusinger failed to overcome the presumption that he knowingly, voluntarily and intelligently waived his right to be present at his jury trial.

In re the Paternity of: E.E., Audrey L. Wilson v. Greg S. Elsperman (mem. dec.)
19A-JP-3083
Juvenile paternity. Affirms the Spencer Circuit Court’s award of joint legal and primary physical custody of Audrey Wilson and Greg Elsperman’s child to Elsperman. Finds any error in the admission of testimony regarding Wilson’s abortion in her paternity dispute with Elsperman was harmless.

 John Jay Lacey v. State of Indiana (mem. dec.)
19A-CR-2715
Criminal. Reverses the denial of John Lacey’s motion to vacate a plea agreement. Finds the Boone Superior Court did not treat Lacey’s motion not vacate judgment and withdraw the plea as a petition for post-conviction relief, as it was required to do. Remands for the trial court to treat Lacey’s motion as a petition for post-conviction relief.