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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. Just an aside, but regardless of the outcome, I 'm proud of Judge William Hughes. He was the original magistrate on the Home place issue. He ruled for Home Place, and was primaried by Brainard for it. Their tool Poindexter failed to unseat Hughes, who won support for his honesty and courage throughout the county, and he was reelected Judge of Hamilton County's Superior Court. You can still stand for something and survive. Thanks, Judge Hughes!

  2. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  3. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  4. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  5. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

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