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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
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.

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  1. Welcome to Hendricks County where local and state statutes (especially Indiana Class C misdemeanors) are given a higher consideration than Federal statues and active duty military call-ups.

  2. If real money was spent on this study, what a shame. And if some air-head professor tries to use this to advance a career, pity the poor student. I am approaching a time that i (and others around me) should be vigilant. I don't think I'm anywhere near there yet, but seeing the subject I was looking forward to something I might use to look for some benchmarks. When finally finding my way to the hidden questionnaire all I could say to myself was...what a joke. Those are open and obvious signs of any impaired lawyer (or non-lawyer, for that matter), And if one needs a checklist to discern those tell-tale signs of impairment at any age, one shouldn't be practicing law. Another reason I don't regret dropping my ABA membership some number of years ago.

  3. The case should have been spiked. Give the kid a break. He can serve and maybe die for Uncle Sam and can't have a drink? Wow. And they won't even let him defend himself. What a gross lack of prosecutorial oversight and judgment. WOW

  4. I work with some older lawyers in the 70s, 80s, and they are sharp as tacks compared to the foggy minded, undisciplined, inexperienced, listless & aimless "youths" being churned out by the diploma mill law schools by the tens of thousands. A client is generally lucky to land a lawyer who has decided to stay in practice a long time. Young people shouldn't kid themselves. Experience is golden especially in something like law. When you start out as a new lawyer you are about as powerful as a babe in the cradle. Whereas the silver halo of age usually crowns someone who can strike like thunder.

  5. YES I WENT THROUGH THIS BEFORE IN A DIFFERENT SITUATION WITH MY YOUNGEST SON PEOPLE NEED TO LEAVE US ALONE WITH DCS IF WE ARE NOT HURTING OR NEGLECT OUR CHILDREN WHY ARE THEY EVEN CALLED OUT AND THE PEOPLE MAKING FALSE REPORTS NEED TO GO TO JAIL AND HAVE A CLASS D FELONY ON THERE RECORD TO SEE HOW IT FEELS. I WENT THREW ALOT WHEN HE WAS TAKEN WHAT ELSE DOES THESE SCHOOL WANT ME TO SERVE 25 YEARS TO LIFE ON LIES THERE TELLING OR EVEN LE SAME THING LIED TO THE COUNTY PROSECUTOR JUST SO I WOULD GET ARRESTED AND GET TIME HE THOUGHT AND IT TURNED OUT I DID WHAT I HAD TO DO NOT PROUD OF WHAT HAPPEN AND SHOULD KNOW ABOUT SEEKING MEDICAL ATTENTION FOR MY CHILD I AM DISABLED AND SICK OF GETTING TREATED BADLY HOW WOULD THEY LIKE IT IF I CALLED APS ON THEM FOR A CHANGE THEN THEY CAN COME AND ARREST THEM RIGHT OUT OF THE SCHOOL. NOW WE ARE HOMELESS AND THE CHILDREN ARE STAYING WITH A RELATIVE AND GUARDIAN AND THE SCHOOL WON'T LET THEM GO TO SCHOOL THERE BUT WANT THEM TO GO TO SCHOOL WHERE BULLYING IS ALLOWED REAL SMART THINKING ON A SCHOOL STAFF.

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