Opinions Dec. 20, 2023

The following opinions were posted after IL deadline on Tuesday:
7^th Circuit Court of Appeals
Chris A. Martin v. Kilolo Kijakazi, Acting Commissioner of Social Security
22-1972
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Magistrate Judge Mario Garcia.
Civil. Affirms the denial of disability insurance benefits for Chris Martin. Finds the administrative law judge did not abuse her discretion in deciding not to consult another medical expert.

Indiana Supreme Court
In the Matter of Marco Antonio Genesis Moreno
22S-DI-413
Attorney discipline. Disbars Marco Antonio Genesis Moreno. Finds Moreno committed attorney misconduct by neglecting numerous client matters, charging and collecting unreasonable fees, engaging in deceitful behavior, repeatedly failing to cooperate with disciplinary investigations and ultimately abandoning his law practice.

Wednesday opinions
Court of Appeals of Indiana
Lacey Ann Murphy v. William Cook
23A-SC-1614
Small claims. Reverses the denial of Lacey Ann Murphy’s Motion to Set Aside Body Attachment. Finds the requirements of Indiana Trial Rule 64(A) were not satisfied and the body attachment was expired. Remands with instructions to grant Murphy’s motion.

Dallas Dale Hoback v. State of Indiana
23A-CR-411
Criminal. Reverses Dallas Dale Hoback’s convictions of Level 6 felony possession of methamphetamine, Level 6 felony possession of a narcotic drug and Class C misdemeanor possession of paraphernalia, and his 692-day sentence. Finds the Clark Circuit Court erred in denying Hoback’s Rule 4(C) motion for discharge. Judge Paul Felix dissents with separate opinion.

Thaddeus F. Radziwiecki v. Gough, Inc. (mem. dec.)
22A-SC-2842
Small claims. Affirms the grant of summary judgment to Gough Inc. on Thaddeus F. Radziwiecki’s small claims action. Finds the Lake Superior Court did not err. Judge Paul Felix dissents with separate opinion.

Dana L. Love v. State of Indiana (mem. dec.)
23A-CR-47
Criminal. Affirms Dana L. Love’s convictions of Level 5 felony battery resulting in bodily injury to a person under the age of 14 and Level 6 felony strangulation. Finds any error in the admission of evidence was harmless beyond a reasonable doubt.

Thomas DeCola v. Stephen Paul & Jean Tamara Moore (personally and as trustee), James B. and Anita J. Piper, Zion Temple of Michigan City, Inc., and Joe Ann Johnson (mem. dec.)
23A-PL-609
Civil plenary. Affirms the grant of summary judgment to James B. and Anita J. Piper, Joe Ann Johnson and Zion Temple of Michigan City Inc., who were named among multiple defendants in Thomas DeCola’s quiet title complaint. Finds the LaPorte Circuit Court did not err.

Love Barefield v. State of Indiana (mem. dec.)
23A-CR-686
Criminal. Affirms Love Barefield’s conviction of Level 5 felony child solicitation. Finds the Marion Superior Court did not abuse its discretion by allowing the state to amend the charging information during Barefield’s trial.

Dale L. Franks v. State of Indiana (mem. dec.)
23A-CR-744
Criminal. Affirms Dale Franks’ conviction of Class C misdemeanor operating a vehicle while intoxicated. Finds there was sufficient evidence to support Franks’ conviction.

Timothy N. Davis v. State of Indiana (mem. dec.)
23A-CR-766
Criminal. Affirms Timothy Davis’ convictions of Level 6 felony possession of methamphetamine and Class C misdemeanor possession of paraphernalia, and his two-year suspended sentence. Finds Davis has not established any error.

In the Matter of the Paternity of L.M. Robert Tod Moore v. Cassandra Shepard (mem. dec.)
23A-JP-883
Juvenile paternity. Affirms the order declining to modify primary physical custody of Robert Tod Moore and Cassandra Joy Shepard’s child but modifying Moore’s parenting time and child support obligation and finding him in contempt for failing to pay his share of child care expenses. Finds the Hamilton Superior Court did not err.

Aaron Abadi v. Indiana Civil Rights Commission, et al. (mem. dec.)
23A-EX-1387
Agency action. Affirms the Indiana Civil Rights Commission’s final order affirming summary judgment in favor of Apple Inc. in a dispute with Aaron Abadi. Finds the commission did not err.