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Opinions July 26, 2010

July 26, 2010
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7th Circuit Court of Appeals
United States of America v. Mark Ciesiolka
09-2787
U.S. District Court, Northern District of Indiana, Hammond Division, Judge Rudy Lozano.
Criminal. Reverses conviction of knowingly attempting to persuade, induce, entice, and coerce a minor to engage in sexual activity. Because the District Court failed to explain its ruling that the four-factor test for introducing evidence of prior acts under Rule 404(b) was satisfied, and since the evidence introduced in unconstrained fashion is perhaps excessively prejudicial in light of its probative value, reverses and remands for a new trial. Judge Ripple dissents.

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Green Tree Servicing, LLC v. Brian D. Brough
88A01-0911-CV-550
Civil. Reverses trial court order granting Brough’s request to vacate order for arbitration. Brough’s contractual obligation to arbitrate his Fair Credit Reporting Act claim against Green Tree was not invalidated by his bankruptcy discharge. Brough’s bankruptcy proceeding has ended, so arbitration of his FCRA claim will not jeopardize the bankruptcy case or affect Brough’s bankruptcy discharge. The contract’s arbitration clause was not terminated by Brough’s bankruptcy discharge. Remands with instructions to order the parties to arbitrate Brough’s FCRA claim.

Leonard Townsend Jr. v. State of Indiana (NFP)
45A03-1004-PC-251
Post conviction. Affirms denial of petition for post-conviction relief.

B.H. v. State of Indiana (NFP)
34A05-1002-JV-58
Juvenile. Affirms B.H.’s placement at the Department of Correction.

A.T.J. v. State of Indiana (NFP)
71A03-0912-JV-582
Juvenile. Affirms order A.T.J. be placed in the custody of the Department of Correction.

Frank W. Jackson III v. State of Indiana (NFP)
45A03-0907-CR-303
Criminal. Affirms conviction of Class B felony burglary.

A.B., Alleged to be C.H.I.N.S.; K.J. v. I.D.C.S. and Child Advocates (NFP)
49A02-1001-JC-35
Juvenile CHINS. Affirms finding A.B. is a child in need of services.


Indiana Tax Court had posted no opinions at IL deadline.

The Indiana Supreme Court didn’t grant any transfers for the week ending July 23.

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  1. Can I get this form on line,if not where can I obtain one. I am eligible.

  2. What a fine example of the best of the Hoosier tradition! How sad that the AP has to include partisan snark in the obit for this great American patriot and adventurer.

  3. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

  4. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

  5. Could be his email did something especially heinous, really over the top like questioning Ind S.Ct. officials or accusing JLAP of being the political correctness police.

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