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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. Excellent initiative on the part of the AG. Thankfully someone takes action against predators taking advantage of people who have already been through the wringer. Well done!

  2. Conour will never turn these funds over to his defrauded clients. He tearfully told the court, and his daughters dutifully pledged in interviews, that his first priority is to repay every dime of the money he stole from his clients. Judge Young bought it, much to the chagrin of Conour’s victims. Why would Conour need the $2,262 anyway? Taxpayers are now supporting him, paying for his housing, utilities, food, healthcare, and clothing. If Conour puts the money anywhere but in the restitution fund, he’s proved, once again, what a con artist he continues to be and that he has never had any intention of repaying his clients. Judge Young will be proven wrong... again; Conour has no remorse and the Judge is one of the many conned.

  3. Pass Legislation to require guilty defendants to pay for the costs of lab work, etc as part of court costs...

  4. The fee increase would be livable except for the 11% increase in spending at the Disciplinary Commission. The Commission should be focused on true public harm rather than going on witch hunts against lawyers who dare to criticize judges.

  5. Marijuana is safer than alcohol. AT the time the 1937 Marijuana Tax Act was enacted all major pharmaceutical companies in the US sold marijuana products. 11 Presidents of the US have smoked marijuana. Smoking it does not increase the likelihood that you will get lung cancer. There are numerous reports of canabis oil killing many kinds of incurable cancer. (See Rick Simpson's Oil on the internet or facebook).

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