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Opinions Aug. 14, 2014

August 14, 2014
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7th Circuit Court of Appeals
Elliott D. Levin, as trustee in bankruptcy for Irwin Financial Corp. v. William I. Miller, et al.
12-3474
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Sarah Evans Barker.
Civil. Affirms dismissal with respects to counts 1, 2, 4 and 5 that claim bank managers violated their fiduciary duties to Irwin because those claims are now owned by the FDIC.  Vacates dismissal of counts 3 – that managers allowed Irwin to pay dividends in amounts that left it short of capital - and 7 – that two of the managers breach their duties of care and loyalty – and and remands for further proceedings because those claims are categorized as direct claims that must be pursued by the bank, not the FDIC. Judge Hamilton concurs in result.

Fortres Grand Corp. v. Warner Bros. Entertainment Inc.
13-2337
U.S. District Court, Northern District of Indiana, South Bend Division, Judge Philip P. Simon.
Civil. Affirms finding that Fortres Grand Corp. failed to state a claim under the traditional confusion or reverse confusion theory and that Warner Bros.’ use of the words “clean slate” was protected by the First Amendment.

Indiana Court of Appeals
Michael H. Kretschmer v. Bank of America, N.A.
20A05-1312-MF-600
Mortgage foreclosure. Reverses the denial of Kretschmer’s motion to set aside a default judgment in favor of Bank of America. Finds that Kretschmer has demonstrated grounds for setting aside the entry of default judgment pursuant to Trial Rule 60(B)(1) and (3) and has alleged a meritorious defense.

Amy L. Falatovics v. Imre L. Falatovics
46A04-1401-DR-20
Domestic relation. Reverses divorce decree and remands with instructions to include in the marital estate the husband’s interest in two parcels of real estate he owns as a joint tenant with his brother subject to a life estate in his mother. Husband’s interest in the real estate was improperly excluded because he has a present pecuniary interest in the properties.

Stephanie Lucas v. State of Indiana
03A01-1309-CR-389
Criminal. Reverses on interlocutory appeal the denial of Lucas’ motion to suppress evidence obtained in the course of a traffic stop. The traffic stop was more intrusive than authorized for a permissible investigatory stop because the police officer did not articulate a legitimate reason as to why he could not complete his investigation standing alongside Lucas’ vehicle instead of having her sit in his police vehicle. Judge Bradford concurs in result in a separate opinion.

Trent A. Burnworth v. State of Indiana (NFP)
35A02-1401-CR-85
Criminal. Affirms conviction and sentence for Class D felony theft and finding that Burnworth is a habitual offender.

Arthur B. Greco, Jr. v. State of Indiana (NFP)
45A03-1401-CR-7
Criminal. Affirms sentence for Class D felonies intimidation and escape, and Class A misdemeanor resisting law enforcement.

Charles J. Dean v. State of Indiana (NFP)
22A01-1402-CR-98
Criminal. Affirms sentence following guilty plea to Class B felony dealing in a Schedule I controlled substance.

In the Matter of the Voluntary Termination of the Parent-Child Relationship of: M.C., Jr., M.C., Sr., Father v. Indiana Department of Child Services (NFP)
84A01-1302-JT-51
Juvenile. Affirms denial of motion for relief from judgment following the termination of father’s parental rights.

Kyle J. Eckstein v. State of Indiana (NFP)
19A01-1312-CR-536
Criminal. Affirms convictions of Class B felony burglary and Class D felony theft.

In the Matter of the Termination of the Parent-Child Relationship of: G.S.T. & C.T. (Minor Children), and G.T. (Father) v. The Indiana Department of Child Services (NFP)
82A04-1312-JT-603
Juvenile. Affirms termination of father’s parental rights.

Jason S. Aliff v. State of Indiana (NFP)

41A05-1401-CR-4
Criminal. Affirms conviction of Class C felony escape.

Tremayne Terry v. State of Indiana (NFP)
49A02-1312-CR-1072
Criminal. Affirms convictions of Class C felony burglary and Class D felony theft.

In the Matter of the Termination of the Parent-Child Relationship of: G.V. (Minor Child) and M.V. (Mother) v. Indiana Department of Child Services (NFP)
45A03-1312-JT-502
Juvenile. Affirms termination of mother’s parental rights.
 

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  1. @BryanJBrown, You are totally correct. I have no words, you nailed it.....

  2. You have not overstated the reality of the present situation. The government inquisitor in my case, who demanded that I, on the record, to choose between obedience to God's law or man's law, remains on the BLE, even an officer of the BLE, and was recently renewed in her contract for another four years. She has a long history in advancing LGBQT rights. http://www.realjock.com/article/1071 THINK WITH ME: What if a currently serving BLE officer or analogous court official (ie discplinary officer) asked an atheist to affirm the Existence, or demanded a transsexual to undergo a mental evaluation to probe his/her alleged mindcrime? That would end a career. The double standard is glaring, see the troubling question used to ban me for life from the Ind bar right here: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners (see page 8 of 21) Again, what if I had been a homosexual rights activist before law school rather than a prolife activist? A gay rights activist after law school admitted to the SCOTUS and Kansas since 1996, without discipline? A homosexual rights activist who had argued before half the federal appellate courts in the country? I am pretty certain that had I been that LGBQT activist, and not a pro-life activist, my passing of the Indiana bar exam would have rendered me an Indiana attorney .... rather than forever banished. So yes, there is a glaring double standard. And some are even beyond the reach of constitutional and statutory protections. I was.

  3. Historically speaking pagans devalue children and worship animals. How close are we? Consider the ruling above plus today's tidbit from the politically correct high Court: http://indianacourts.us/times/2016/12/are-you-asking-the-right-questions-intimate-partner-violence-and-pet-abuse/

  4. The father is a convicted of spousal abuse. 2 restaining orders been put on him, never made any difference the whole time she was there. The time he choked the mother she dropped the baby the police were called. That was the only time he was taken away. The mother was suppose to have been notified when he was released no call was ever made. He made his way back, kicked the door open and terrified the mother. She ran down the hallway and locked herself and the baby in the bathroom called 911. The police came and said there was nothing they could do (the policeman was a old friend from highschool, good ole boy thing).They told her he could burn the place down as long as she wasn't in it.The mother got another resataining order, the judge told her if you were my daughter I would tell you to leave. So she did. He told her "If you ever leave me I will make your life hell, you don't know who your f!@#$%^ with". The fathers other 2 grown children from his 1st exwife havent spoke 1 word to him in almost 15yrs not 1 word.This is what will be a forsure nightmare for this little girl who is in the hands of pillar of the community. Totally corrupt system. Where I come from I would be in jail not only for that but non payment of child support. Unbelievably pitiful...

  5. dsm 5 indicates that a lot of kids with gender dysphoria grow out of it. so is it really a good idea to encourage gender reassignment? Perhaps that should wait for the age of majority. I don't question the compassionate motives of many of the trans-advocates, but I do question their wisdom. Likewise, they should not question the compassion of those whose potty policies differ. too often, any opposition to the official GLBT agenda is instantly denounced as "homophobia" etc.

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