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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.
12-3474
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.
13-2337
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.
20A05-1312-MF-600
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
46A04-1401-DR-20
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
03A01-1309-CR-389
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)
35A02-1401-CR-85
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)
45A03-1401-CR-7
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)
22A01-1402-CR-98
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)
84A01-1302-JT-51
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)
19A01-1312-CR-536
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)
82A04-1312-JT-603
Juvenile. Affirms termination of father’s parental rights.

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

41A05-1401-CR-4
Criminal. Affirms conviction of Class C felony escape.

Tremayne Terry v. State of Indiana (NFP)
49A02-1312-CR-1072
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)
45A03-1312-JT-502
Juvenile. Affirms termination of mother’s parental rights.
 

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  1. That comment on this e-site, which reports on every building, courtroom or even insignificant social movement by beltway sycophants as being named to honor the yet-quite-alive former chief judge, is truly laughable!

  2. Is this a social parallel to the Mosby prosecutions in Baltimore? Progressive ideology ever seeks Pilgrims to burn at the stake. (I should know.)

  3. The Conour embarrassment is an example of why it would be a good idea to NOT name public buildings or to erect monuments to "worthy" people until AFTER they have been dead three years, at least. And we also need to stop naming federal buildings and roads after a worthless politician whose only achievement was getting elected multiple times (like a certain Congressman after whom we renamed the largest post office in the state). Also, why have we renamed BOTH the Center Township government center AND the new bus terminal/bum hangout after Julia Carson?

  4. Other than a complete lack of any verifiable and valid historical citations to back your wild context-free accusations, you also forget to allege "ate Native American children, ate slave children, ate their own children, and often did it all while using salad forks rather than dinner forks." (gasp)

  5. "So we broke with England for the right to "off" our preborn progeny at will, and allow the processing plant doing the dirty deeds (dirt cheap) to profit on the marketing of those "products of conception." I was completely maleducated on our nation's founding, it would seem. (But I know the ACLU is hard at work to remedy that, too.)" Well, you know, we're just following in the footsteps of our founders who raped women, raped slaves, raped children, maimed immigrants, sold children, stole property, broke promises, broke apart families, killed natives... You know, good God fearing down home Christian folk! :/

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