Opinions Aug. 14, 2012

August 14, 2012
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7th Circuit Court of Appeals
Jason Halasa v. ITT Educational Services Inc.
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
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
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
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
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)
Juvenile paternity. Affirms order establishing R.P.’s paternity of minor child, I.B.

Joshua P. Lindsey v. State of Indiana (NFP)
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)
Criminal. Affirms revocation of probation.

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

Stacey Johnson v. State of Indiana (NFP)
Criminal. Affirms convictions for Class A felony robbery and Class D felony criminal confinement.

Sadeeq Danbala v. State of Indiana (NFP)
Criminal. Affirms revocation of probation.

Billy D. Taylor v. State of Indiana (NFP)
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)
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)
Criminal. Affirms denial of motion to correct erroneous sentence.


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  1. So the prosecutor made an error and the defendants get a full remedy. Just one short paragraph to undo the harm of the erroneous prosecution. Wow. Just wow.

  2. Wake up!!!! Lawyers are useless!! it makes no difference in any way to speak about what is important!! Just dont tell your plans to the "SELFRIGHTEOUS ARROGANT JERKS!! WHO THINK THEY ARE BETTER THAN ANOTHER MAN/WOMAN!!!!!!

  3. Looks like you dont understand Democracy, Civilized Society does not cut a thiefs hands off, becouse now he cant steal or write or feed himself or learn !!! You deserve to be over punished, Many men are mistreated hurt in many ways before a breaking point happens! grow up !!!

  4. 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

  5. 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"