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Opinions Aug. 14, 2012

August 14, 2012
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7th Circuit Court of Appeals
Jason Halasa v. ITT Educational Services Inc.
11-3305
Civil. Affirms summary judgment ruling and costs in favor of ITT. Jason Halasa, who directed the company’s Lathrop, Calif., campus for six months in 2009, sued the school on a claim that his rights were violated under the False Claims Act. ITT said Halasa was fired for showing poor management skills and delivering inadequate results.

Indiana Supreme Court and Tax Court issued no opinions by IL deadline.

Indiana Court of Appeals
Andrew Stetler v. State of Indiana
01A04-1201-CR-1
Criminal. Affirms two counts of child molestation and being a habitual offender and resulting sentence of 90 years, concluding that sufficient evidence was presented to support the jury trial conviction and that the sentence was not inappropriate.

Harold O. Fulp, Jr. v. Nancy A. Gilliland, Individually and as Successor Trustee of the Ruth E. Fulp Revocable Trust Dated June 29, 2005
41A01-1111-TR-530
Trust. Reverses in part and remands in part, holding that Ruth Fulp, as trust settlor, could properly execute a purchase agreement for the sale of trust property and that Gilliland, as trustee, did not tortiously interfere with the purchase agreement by rescinding the purchase agreement.

Carlin Iltzsch v. State of Indiana
49A02-1112-CR-1164
Criminal. Reverses and remands with instructions a trial court’s restitution order after finding evidence supporting the order is based on bare, unsworn assertions.

In Re: Rueth Development Company, An Indiana Limited Partnership
45A03-1110-CP-468
Civil plenary. Affirms trial court granting appellees relief under Trial Rule 60(B) and trial court preliminary injunction on capital distribution and attorney fees, but reverses trial court ruling allowing appellees to pursue their claims as a derivative action. Remanded to the trial court to continue dissolution proceedings.

In the Matter of the Paternity of I.B., R.P. v. M.B., As Next of Friend of I.B. (NFP)
84A01-1109-JP-456
Juvenile paternity. Affirms order establishing R.P.’s paternity of minor child, I.B.

Joshua P. Lindsey v. State of Indiana (NFP)
29A02-1112-PC-1183
Criminal/post-conviction relief. Affirms denial of post-conviction relief on convictions of robbery and resisting law enforcement.

Richard D. Boring v. State of Indiana (NFP)
37A04-1201-CR-10
Criminal. Affirms revocation of probation.

Brandon Rhonte McDonald v. State of Indiana (NFP)
45A05-1112-CR-687
Criminal. Affirms 35-year sentence for conviction of Class A felony voluntary manslaughter.

Stacey Johnson v. State of Indiana (NFP)
49A02-1201-CR-46
Criminal. Affirms convictions for Class A felony robbery and Class D felony criminal confinement.

Sadeeq Danbala v. State of Indiana (NFP)
49A04-1201-CR-27
Criminal. Affirms revocation of probation.

Billy D. Taylor v. State of Indiana (NFP)
85A02-1112-CR-1195
Criminal. Affirms sentence for failure to comply with conditions related to his status as a sex offender.

C. Dennis Wegner & C. Dennis Wegner & Associates, Professional Corporation v. Michael S. Miller, D.O., and Cohen Garelick & Glazier (NFP)
49A02-1112-CT-1159
Civil tort. Affirms in part and reverses in part, reversing and vacating trial court’s award of attorney fees for a protective order on Miller’s behalf and affirms trial court denying expenses on other motions on Miller’s behalf.

Stephen R. Harvey, Jr. v. State of Indiana (NFP)
92A03-1201-CR-21
Criminal. Affirms denial of motion to correct erroneous sentence.
 

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  1. The sad thing is that no fish were thrown overboard The "greenhorn" who had never fished before those 5 days was interrogated for over 4 hours by 5 officers until his statement was illicited, "I don't want to go to prison....." The truth is that these fish were measured frozen off shore and thawed on shore. The FWC (state) officer did not know fish shrink, so the only reason that these fish could be bigger was a swap. There is no difference between a 19 1/2 fish or 19 3/4 fish, short fish is short fish, the ticket was written. In addition the FWC officer testified at trial, he does not measure fish in accordance with federal law. There was a document prepared by the FWC expert that said yes, fish shrink and if these had been measured correctly they averaged over 20 inches (offshore frozen). This was a smoke and mirror prosecution.

  2. I love this, Dave! Many congrats to you! We've come a long way from studying for the bar together! :)

  3. This outbreak illustrates the absurdity of the extreme positions taken by today's liberalism, specifically individualism and the modern cult of endless personal "freedom." Ebola reminds us that at some point the person's own "freedom" to do this and that comes into contact with the needs of the common good and "freedom" must be curtailed. This is not rocket science, except, today there is nonstop propaganda elevating individual preferences over the common good, so some pundits have a hard time fathoming the obvious necessity of quarantine in some situations....or even NATIONAL BORDERS...propagandists have also amazingly used this as another chance to accuse Western nations of "racism" which is preposterous and offensive. So one the one hand the idolatry of individualism has to stop and on the other hand facts people don't like that intersect with race-- remain facts nonetheless. People who respond to facts over propaganda do better in the long run. We call it Truth. Sometimes it seems hard to find.

  4. It would be hard not to feel the Kramers' anguish. But Catholic Charities, by definition, performed due diligence and held to the statutory standard of care. No good can come from punishing them for doing their duty. Should Indiana wish to change its laws regarding adoption agreements and or putative fathers, the place for that is the legislature and can only apply to future cases. We do not apply new laws to past actions, as the Kramers seem intent on doing, to no helpful end.

  5. I am saddened to hear about the loss of Zeff Weiss. He was an outstanding member of the Indianapolis legal community. My thoughts are with his family.

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