Tuesday, February 28, 2006
Ind. Decisions - Two Indiana rulings today from the 7th Circuit
In Charlton, Michael v Davis, Cecil (ND Ind., Allen Sharp, Judge), a 9-page opinion, Judge Evans writes:
Having explained why the district court misapprehended the applicable legal principles in granting the habeas petition, we turn to the additional arguments Charlton offers for why we should nonetheless affirm the judgment. * * *Mendez, Judith v Barnhart, Jo Anne (ND Ind., Andrew P. Rodovich, Magistrate Judge), a 7-page opinion, Judge Posner concludes:
On direct appeal, the Supreme Court of Indiana gave extended consideration to Charlton’s reckless homicide argument. See Charlton v. State, 702 N.E.2d 1045, 1048-49 (Ind. 1998). That court concluded that Charlton had “not presented or referred us to any evidence showing that his conduct was reckless, much less showing that there was a serious evidentiary dispute over whether his conduct was reckless.” Id. at 1049. Even giving Charlton the benefit of the doubt on whether he properly preserved this issue as a federal, as opposed to state law, claim, see Sweeney v. Carter, 361 F.3d 327, 332-33 (7th Cir. 2004), our own review does not give us cause to disturb the state supreme court’s finding.
The judgment of the district court granting Charlton’s petition for a writ of habeas corpus is REVERSED.
The administrative law judge failed to articulate a reasoned basis for the denial of benefits. The judgment of the district court is therefore vacated and the case remanded to the Social Security Administration for further proceedings consistent with this opinion.
Posted by Marcia Oddi on February 28, 2006 03:28 PM
Posted to Ind. (7th Cir.) Decisions