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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. The sad thing is that no fish were thrown overboard The "greenhorn" who had never fished before those 5 days was interrogated for over 4 hours by 5 officers until his statement was illicited, "I don't want to go to prison....." The truth is that these fish were measured frozen off shore and thawed on shore. The FWC (state) officer did not know fish shrink, so the only reason that these fish could be bigger was a swap. There is no difference between a 19 1/2 fish or 19 3/4 fish, short fish is short fish, the ticket was written. In addition the FWC officer testified at trial, he does not measure fish in accordance with federal law. There was a document prepared by the FWC expert that said yes, fish shrink and if these had been measured correctly they averaged over 20 inches (offshore frozen). This was a smoke and mirror prosecution.

  2. I love this, Dave! Many congrats to you! We've come a long way from studying for the bar together! :)

  3. This outbreak illustrates the absurdity of the extreme positions taken by today's liberalism, specifically individualism and the modern cult of endless personal "freedom." Ebola reminds us that at some point the person's own "freedom" to do this and that comes into contact with the needs of the common good and "freedom" must be curtailed. This is not rocket science, except, today there is nonstop propaganda elevating individual preferences over the common good, so some pundits have a hard time fathoming the obvious necessity of quarantine in some situations....or even NATIONAL BORDERS...propagandists have also amazingly used this as another chance to accuse Western nations of "racism" which is preposterous and offensive. So one the one hand the idolatry of individualism has to stop and on the other hand facts people don't like that intersect with race-- remain facts nonetheless. People who respond to facts over propaganda do better in the long run. We call it Truth. Sometimes it seems hard to find.

  4. It would be hard not to feel the Kramers' anguish. But Catholic Charities, by definition, performed due diligence and held to the statutory standard of care. No good can come from punishing them for doing their duty. Should Indiana wish to change its laws regarding adoption agreements and or putative fathers, the place for that is the legislature and can only apply to future cases. We do not apply new laws to past actions, as the Kramers seem intent on doing, to no helpful end.

  5. I am saddened to hear about the loss of Zeff Weiss. He was an outstanding member of the Indianapolis legal community. My thoughts are with his family.

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