ILNews

Opinions July 26, 2010

July 26, 2010
Keywords
Back to TopE-mailPrintBookmark and Share

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.

ADVERTISEMENT

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. "...not those committed in the heat of an argument." If I ever see a man physically abusing a woman or a child and I'm close enough to intercede I will not ask him why he is abusing her/him. I will give him a split second to cease his attack and put his hands in the air while I call the police. If he continues, I will still call the police but to report, "Man down with a gunshot wound,"instead.

  2. And so the therapeutic state is weaonized. How soon until those with ideologies opposing the elite are disarmed in the name of mental health? If it can start anywhere it can start in the hoosiers' slavishly politically correct capital city.

  3. So this firebrand GOP Gov was set free by a "unanimous Supreme Court" , a court which is divided, even bitterly, on every culture war issue. WHAT A RESOUNDING SLAP in the Virginia Court's face! How bad must it have been. And all the journalists, lap dogs of the status quo they are, can do is howl that others cannot be railroaded like McDonald now??? Cannot reflect upon the ruining of Winston and Julia's life and love? (Oh I forget, the fiction at this Ministry of Truth is that courts can never err, and when they do, and do greatly, as here, why then it must be ignored, since it does not compute.)

  4. My daughter is a addict and my grandson was taken by DCS and while in hospital for overdose my daughter was told to sign papers from DCS giving up her parental rights of my grandson to the biological father's mom and step-dad. These people are not the best to care for him and I was never called or even given the chance to take him, but my daughter had given me guardianship but we never went to court to finalize the papers. Please I have lost my daughter and I dont want to lose my grandson as well. I hope and look forward to speaking with you God Bless and Thank You for all of your help

  5. To Bob- Goooooood, I'm glad you feel that way! He's alive and happy and thriving and out and I'm his woman and we live in West Palm Beach Florida, where his parents have a sprawling estate on an exclusive golf course......scum bag

ADVERTISEMENT