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.
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.
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.
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
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
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)
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)
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)
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)
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)
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)
Juvenile. Affirms termination of father’s parental rights.

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

Criminal. Affirms conviction of Class C felony escape.

Tremayne Terry v. State of Indiana (NFP)
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)
Juvenile. Affirms termination of mother’s parental rights.


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  1. This state's high court has spoken, the fair question is answered. Years ago the Seventh Circuit footnoted the following in the context of court access: "[2] Dr. Bowman's report specifically stated that Brown "firmly believes he is obligated as a Christian to put obedience to God's laws above human laws." Dr. Bowman further noted that Brown expressed "devaluing attitudes towards pharmacological or psycho-therapeutic mental health treatment" and that he made "sarcastic remarks devaluing authority of all types, especially mental health authority and the abortion industry." 668 F.3d 437 (2012) SUCH acid testing of statist orthodoxy is just and meet in Indiana. SUCH INQUISITIONS have been green lighted. Christians and conservatives beware.

  2. It was all that kept us from tyranny. So sad that so few among the elite cared enough to guard the sacred trust. Nobody has a more sacred obligation to obey the law than those who make the law. Sophocles No man is above the law and no man is below it; nor do we ask any man's permission when we ask him to obey it. Obedience to the law is demanded as a right; not asked as a favor. Theodore Roosevelt That was the ideal ... here is the Hoosier reality: The King can do no wrong. Legal maxim From the Latin 'Rex non potest peccare'. When the President does it, that means that it is not illegal. Richard Nixon

  3. So men who think they are girls at heart can use the lady's potty? Usually the longer line is for the women's loo, so, the ladies may be the ones to experience temporary gender dysphoria, who knows? Is it ok to joke about his or is that hate? I may need a brainwash too, hey! I may just object to my own comment, later, if I get myself properly "oriented"

  4. Heritage, what Heritage? The New Age is dawning .... an experiment in disordered liberty and social fragmentation is upon us .... "Carmel City Council approved a human rights ordinance with a 4-3 vote Monday night after hearing about two hours of divided public testimony. The ordinance bans discrimination on the basis of sexual orientation or gender identity, among other traits. Council members Rick Sharp, Carol Schleif, Sue Finkam and Ron Carter voted in favor of it. The three council members opposing it—Luci Snyder, Kevin Rider and Eric Seidensticker—all said they were against any form of discrimination, but had issues with the wording and possible unintended consequences of the proposal." Kardashian is the new Black.

  5. Can anyone please tell me if anyone is appealing the law that certain sex offenders can't be on school property. How is somebody supposed to watch their children's sports games or graduations, this law needs revised such as sex offenders that are on school property must have another non-offender adult with them at all times while on school property. That they must go to the event and then leave directly afterwards. This is only going to hurt the children of the offenders and the father/ son mother/ daughter vice versa relationship. Please email me and let me know if there is a group that is appealing this for reasons other than voting and religion. Thank you.