7th Circuit Court of Appeals
John
M. Stephenson v. Bill Wilson, Superintendent of Indiana State Prison
09-2924
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.
49A04-1002-JT-75
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
59A01-1001-CT-125
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
73A01-1001-CR-14
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)
79A04-1002-PC-150
Post conviction. Affirms denial of petition for post-conviction relief.
Antonio
Moore v. State of Indiana (NFP)
48A05-1002-CR-132
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)
45A05-0912-CR-730
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)
57A03-1002-CR-64
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)
52A05-1002-CR-90
Criminal. Affirms sentence following guilty plea to Class B felony burglary.
Indiana Tax Court had posted no opinions at IL deadline.














Never heard of remand to another state. How often does that happen?
I highly recommend Deanna and her team of professionals that serve the legal community. Great information and many thanks for sharing.
they are pushing these cases against lawyers too far. thought-crime.
vagueness cannot challenged, so let's write all laws vaguely and throw the constitution out the window.Even if the court is operating under a particular law, if they don't it they will change it to their liking. What a joke!!!
Two convictions becomes one conviction with exactly the same sentence, only it is not clear wheter or not that sentence will be 18 months, 120 months or 138 months. Actually if the guns were in a home, whether or not they were his, he is protected under the 2nd amendment. Jurors need to learn the law and the constitution before judging others. The cour5ts need to do this as well.