Daily Opinion Summaries U.S. 7th Circuit Court of Appeals

Moore v. Colvin Docket: 13-2460 Opinion Date: February 27, 2014 Judge: Rovner Areas of Law: Public Benefits Moore applied for Social Security disability benefits, alleging that she became disabled in 2007. An ALJ concluded that Moore suffered from a number of severe impairments, including migraine headaches, asthma, morbid obesity, and rheumatoid arthritis, and less severe impairments including irritable bowel syndrome, gastroesophageal reflux disease, hypertension, hypothyroid and prolactin irregularities, carpal tunnel syndrome, depression, anxiety, and possible Crohn’s disease. The ALJ found that she was, nonetheless, capable of performing her past work and not entitled to benefits. The district court affirmed. The Seventh Circuit reversed and remanded. The ALJ did not err in considering evidence that Moore’s emergency room visits may have been related to an addiction problem, but the ALJ erred in failing to even acknowledge contrary evidence or to explain the rationale for crediting the identified evidence over contrary evidence. The ALJ never related Moore’s specific limitations to certain impairments. On remand, the ALJ must make those findings and present the limitations to the vocational expert to determine whether Moore is capable of performing her past relevant work. http://j.st/ZZkf View Case On: Justia  Google Scholar

United States v. Peters Docket: 12-3830 Opinion Date: February 27, 2014 Judge: Rovner Areas of Law: Constitutional Law, Criminal Law Peters was a passenger in a Scion on I-70 in Indiana, traveling behind a Denali. Both cars displayed Ohio license plates. The cars aroused the suspicion of Officer Borgman, who followed the Denali and enlisted Deputy Ernstes to watch the Scion. Borgman stopped the Denali, which was found to contain heroin and other evidence of drug trafficking. Ernstes believed that the driver of the Scion, Adams, was following too closely and activated his emergency lights, Adams pulled over, denied that he was traveling with another vehicle, and stated that he had left his license at home. When his passenger, Peters, lowered his window, Ernstes smelled burnt marijuana and saw small green particles that he believed to be marijuana. Peters told the deputy that they were traveling with the Denali and that he had previously been arrested for carrying a concealed weapon. During a pat-down, the deputy recovered $2500 cash from Peters’ pocket. He found a marijuana stem in the front passenger area and encountered a marijuana odor in a storage compartment that had a cracked lid and screws that appeared not to be original equipment. The deputy also found a cordless drill that contained a sticky substance, later found to match a substance found on the screws of a panel concealing a kilogram of heroin in the Denali. Peters and the Denali passenger were charged with conspiracy to possess with intent to distribute heroin, 21 U.S.C. 841(a)(1) and 846; and possession with intent to distribute heroin, 21 U.S.C. 841(a)(1). The district court concluded that probable cause existed and denied a motion to suppress. Peters entered a conditional plea. The Seventh Circuit affirmed. http://j.st/ZZkU View Case On: Justia  Google Scholar