Opinions Aug. 26, 2010

August 26, 2010
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7th Circuit Court of Appeals
John M. Stephenson v. Bill Wilson, Superintendent of Indiana State Prison
U.S. District Court, Northern District of Indiana, Judge Theresa L. Springmann.
Civil. Stephenson failed to carry his burden of proving prejudice, even on the premise that his counsel should have objected to the stun belt. The question of prejudice from Stephenson being required to wear the stun belt at the penalty hearing will require further consideration of the District Court on remand.

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Term. of Parent-Child Rel. of C.G.; Z.G. v. Marion County DCS and Child Advocates Inc.  
Juvenile. Affirms involuntary termination of parental rights. Mother’s due process rights weren’t violated, the trial court didn’t commit reversible error in the exclusion of evidence, and DCS presented clear and convincing evidence to support the trial court’s judgment.

Dean V. Kruse Foundation, Inc., et al. v. Jerry W. Gates
Civil tort. Reverses summary judgment for Gates on the breach-of-contract claims and the denial of the Kruse parties’ cross-motion for summary judgment on Gates’ fraud and conversion claims. Gates failed to complete the sale within a reasonable time due to no fault of the seller so his earnest money deposit is forfeited. Remands for further proceedings to determine the damage award in favor of the Kruse parties and grant summary judgment in favor of them on the issues of breach of contract, fraud, and conversion.

Tony O. Girdler v. State of Indiana
Criminal. Affirms conviction of Class D felony auto theft. The state proved all the elements of auto theft against Girdler, even though he was not the original thief of the van.

Anthony E. Frink v. State of Indiana (NFP)
Post conviction. Affirms denial of petition for post-conviction relief.

Antonio Moore v. State of Indiana (NFP)
Criminal. Affirms revocation of probation ordered following Moore’s guilty plea to Class B felony dealing in cocaine.

Pierre E. Taylor v. State of Indiana (NFP)
Criminal. Affirms convictions of and 175-year aggregate sentence for murder and four counts of Class A felony attempted murder.

Jeremy James Barden v. State of Indiana (NFP)
Criminal. Affirms conviction of Class C misdemeanor leaving the scene of an accident but remands for correction of sentence.

Michael Pugh v. State of Indiana (NFP)
Criminal. Affirms sentence following guilty plea to Class B felony burglary.

Indiana Tax Court had posted no opinions at IL deadline.


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