Opinions July 14, 2021

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

Alan C. Karenke v. Brenda J. Karenke (mem. dec.)
20A-DN-1974
Domestic relations, no children. Affirms the order dissolving the marriage of Alan C. and Brenda Karenke. Finds the Jackson Superior Court did not abuse its discretion in denying, or not ruling on, various pro se motions filed by Alan, in dividing the marital property and in determining Alan’s parenting time with the parties’ minor child. Also finds sufficient evidence supports the trial court’s finding that there has been an irretrievable breakdown of the marriage. Declines Alan’s request for remand with an order for counseling to foster reconciliation.

Crystal Herring and Louis Herring v. Sebestyen & Williams, Inc. (mem. dec.)
20A-PL-2009
Civil plenary. Affirms the entry of judgment against Crystal and Louis Herring on their breach of warranty claim and in favor of Sebestyen & Williams Inc. on its counterclaim. Finds the Grant Superior Court did not err.

Brent Wayne Roe v. State of Indiana (mem. dec.)
20A-CR-2373
Criminal. Affirms Brent Wayne Roe’s conviction for invasion of privacy as a Class A misdemeanor. Finds the state presented evidence of a probative nature from which a reasonable trier of fact could find that Roe committed invasion of privacy as a Class A misdemeanor.

Walter Bartkowiak v. Falcone Realtors (mem. dec.)
21A-PL-9
Civil plenary. Reverses the grant of summary judgment to Falcone Realtors in a dispute with Walter and Marilyn Bartkowiak. Finds Falcone was the first to breach the parties’ contract by failing to enter the Bartkowiaks’ property on a multiple listing service. Remands with instructions to enter summary judgment to the Bartkowiaks and for a hearing on damages, if any.

In the Matter of the Termination of the Parent-Child Relationship of G.D.S. (Minor Child), G.L.S. (Father) v. Indiana Department of Child Services (mem. dec.)
21A-JT-76
Juvenile termination of parental rights. Affirms the involuntary termination of father G.L.S.’s parental rights to his child, G.D.S. Finds the Scott Superior Court did not clearly err in finding that a reasonable probability exists that the conditions resulting in G.D.S.’s removal or the reasons for his placement outside G.L.S.’s care will not be remedied. Also finds clear and convincing evidence supports the trial court’s determination that termination is in G.D.S.’s best interests.

Gerald A. Kemper v. State of Indiana (mem. dec.)
21A-PC-177
Post-conviction. Affirms the denial of Gerald Kemper’s petition for post-conviction relief. Finds Kemper has not established that the evidence unmistakably and unerringly leads to the opposite of the post-conviction court’s conclusions that Kemper failed to prove that he received ineffective assistance of trial or appellate counsel.

In the Termination of the Parent-Child Relationship of: C.L. and M.L. (Minor Children), and C.L. (Mother) v. Indiana Department of Child Services (mem. dec.)
21A-JT-191
Juvenile termination of parental rights. Affirms the termination of mother C.L.’s parental rights as to her minor children, M.L. and C.L. Finds the Department of Child Services did not fail to show by clear and convincing evidence that the conditions that resulting in the children’s removal would not be remedied. Also finds the juvenile court was not required to wait until DCS had identified an adoptive home before terminating C.L.’s parental rights. Finally, finds there is nothing to suggest that DCS failed to provide C.L. with reasonable reunification efforts.

Pebble S. Wood v. State of Indiana (mem. dec.)
21A-CR-206
Criminal. Affirms the termination of Pebble S. Wood’s participation in Jefferson County Drug Court. Finds the Jefferson Superior Court did not abuse its discretion in terminating Wood from drug court, imposing an aggregate sentence of six years and ordering her to serve her sentence in the Department of Correction.

In the Matter of the Involuntary Termination of the Parent-Child Relationship of: L.M. (Minor Child) and B.M. (Mother) v. The Indiana Department of Child Services (mem. dec.)
21A-JT-230
Juvenile termination of parental rights. Affirms the termination of mother B.M.’s parental rights to L.M. Finds the Vanderburgh Superior Court did not abuse its discretion by excluding the evidence at issue, and any error was harmless. Also finds the Vanderburgh County Department of Child Services presented sufficient evidence to support the termination of B.M.’s parental rights.

Jack W. Reynolds v. State of Indiana (mem. dec.)
21A-PC-266
Post-conviction. Affirms the reduction of Jack W. Reynolds’ sentence without an evidentiary hearing. Finds Reynolds has served the 10 years of his revised sentence for his Class B felony attempted robbery conviction, and he is still serving his 60-year sentence for his Class A felony burglary conviction, so holding an evidentiary hearing would be a “useless thing,” regardless of whether Reynolds is entitled to one.

Terra Limited Partners, Ltd. And Stephen Gould Corporation v. Erin Delvecchio, as Wife and Administrator of the Estate of Michael Delvecchio, deceased (mem. dec.)
21A-CT-325
Civil tort. Affirms and reverses in part the denial of Terre Limited Partners Ltd.’s motion to limit or preclude the testimony of two expert witnesses on behalf of Erin Delvecchio, as the wife and administrator of the estate of Michael Delvecchio. Finds the Marion Superior Court did not err in denying Terra’s motion with respect to Dr. Charles McKay. Also finds that Dr. Robert Gregori’s proffered testimony on pain and suffering is no longer relevant in light of the trial court’s entry of partial summary judgment.