Opinions Feb. 9, 2022

The following 7^th Circuit Court of Appeals opinion was posted after IL deadline Tuesday:
Erica A. Mandrell v. Kilolo Kijakazi, Acting Commission of Social Security
21-1121
Appeal from the United States District Court for the Southern District of Indiana, New Albany Division.
Magistrate Judge Debra McVicker Lynch.
Civil. Reserves the Southern Indiana District Court’s ruling upholding the denial of Social Security disability benefits to Erica Mandrell. Finds the administrative law judge selectively considered Mandrell’s medical records and offered explanation that strayed beyond his expertise as an adjudicator. Also finds the ALJ did not adequately connect the dots between the residual functional capacity he found and the deficits that he acknowledged. Remands to the Social Security Administration for further proceedings. 

Wednesday opinions
Court of Appeals of Indiana
Monica C. Brown v. Review Board of the Indiana Department of Workforce Development
21A-EX-1474
Agency action. Affirms the Review Board of the Indiana Department of Workforce Development’s affirmation of an administrative law judge’s determination that Monica C. Brown was not eligible to receive pandemic unemployment assistance benefits under the CARES Act from the state of Indiana. Finds the ALJ judge erred in determining Brown wasn’t eligible in Indiana based on Section 2102(d)(1)(A)(i) of the CARES Act. Also finds Brown wasn’t eligible because she didn’t meet one of the 11 criteria listed in subsections (aa) through (kk) of Section 2102(a)(3)(A)(ii)(I) of the CARES Act.

Todd Thalls, Trustee of the M. Todd Thalls Revocable Trust, and Robert Conrad v. Elizabeth A Draving, Co-Trustee of the Leonard R. Draving and Elizabeth A. Draving Joint Revocable Living Trust dated July 26, 2004
21A-PL-1138
Civil plenary. Affirms the Kosciusko Superior Court’s judgment against Todd Thalls as trustee of the M. Todd Thalls Revocable Trust and Robert Conrad in favor of Elizabeth A Draving, co-trustee of the Leonard R. Draving and Elizabeth A. Draving Joint Revocable Living Trust dated July 26, 2004 regarding title to a walkway parcel providing access to Big Chapman Lake in Kosciusko County. Finds the trial court’s decision was not clearly erroneous.

Alisa Wright v. Hollingsworth & Zivitz, P.C., Janice Mattingly (mem. dec.)
21A-CC-439
Civil collections. Affirms the grant of summary judgment to Hollingsworth & Zivitz P.C. and Janice Mattingly in a dispute with former client Alisa Wright. Finds the Hamilton Superior Court did not err in addressing Wright’s breach of contract claim as one of legal malpractice. Also finds the trial court properly granted summary judgment on the legal malpractice claims.

Crossroads Bank v.  Mary Sparling (mem. dec.)
21A-PL-1221
Civil plenary. Reverses the ruling that no adverse possession occurred in a dispute between Heather France and Mary Sparling. Finds the prior landowners acquired the title to the disputed property via adverse possession and then properly conveyed that property to its subsequent buyers. Remands for the Wabash Circuit Court to enter judgment in favor of France.

Christopher A. Maeder v. Kristen N. Maeder (mem. dec.)
21A-DR-1346
Domestic relations. Affirms the order granting mother Kristin Maeder’s motion to modify father Christopher Maeder’s parenting time with the parties’ two children. Finds the Knox Superior Court’s modification of Christopher’s parenting time was not based solely upon the information that the children provided to the trial court judge during an in camera review. Also finds the trial court did not abuse its discretion when it modified Christopher’s parenting time.

Tashawana Wilson v. State of Indiana (mem. dec.)
21A-CR-1535
Criminal. Affirms Tashawana Wilson’s conviction for voluntary manslaughter. Finds the evidence presented at trial was sufficient to rebut Wilson’s self-defense claim.

Franklin K. Gramelspacher v. State of Indiana (mem. dec.)
21A-CR-1599
Criminal. Affirms Franklin Gramelspacher’s convictions of six counts of Level 1 felony child molesting, two counts of Level 4 felony child molesting and two counts of Level 6 felony dissemination of matters harmful to minors. Finds the evidence was sufficient to support Gramelspacher’s convictions.

Lamont Trumane Bell v. State of Indiana (mem. dec.)
21A-CR-1972
Criminal. Affirms Lamont Bell’s sentence to an aggregate of eight years and two months, with five years and two months served in the Department of Correction and three years on community corrections, for his convictions of intimidation as a Level 5 felony and domestic battery as a Class A misdemeanor. Finds the sentence is not inappropriate in light of the nature of Bell’s offenses and his character.

Kailey Hughes v. Joseph Martin (mem. dec.)
21A-DC-2088
Domestic relations with children. Reverses the order increasing father Joseph Martin’s overnight visits with children Ri.M. and Re.M. Finds the Jackson Superior Court abused its discretion by making a de facto custody modification without making any findings relating to the factors set forth in Indiana Code § 31-17-2-8, as required by I.C. 31-17-2-21. Remands for further proceedings.