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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. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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