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Opinions July 9, 2013

July 9, 2013
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The following 7th Circuit Court of Appeals opinion was handed down after IL deadline Monday:
Debra Leveski v. ITT Educational Services, Inc. and Appeals of: Motley Rice LLP, Plews Shadley Racher & Braun LLP, The Law Offices of Timothy J. Matusheski and Timothy J. Matusheski
12-1369, 12-1967, 12-1979, 12-2008, 12-2891
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Tanya Walton Pratt.
Civil. Reverses dismissal of Leveski’s lawsuit against ITT on behalf of the United States pursuant to the qui tam provision of the False Claims Act. Leveski, a former employee of ITT, alleged ITT knowingly submitted false claims to the Department of Education in order to receive funding from federal student financial assistance programs. Also reverses the sanctions imposed against Leveski’s attorneys. Finds her allegations merit further development and are sufficiently distinct from prior public disclosures to give the federal court jurisdiction over her lawsuit. Remands for further proceedings.

Tuesday’s opinions
7th Circuit Court of Appeals

Roger L. Peele v. Clifford Burch, individually and as Portage Police Department Chief, et al.
12-3562
U.S. District Court, Northern District of Indiana, Hammond Division, Magistrate Judge Paul R. Cherry.
Civil. Reverses summary judgment in favor of the city of Portgage and Portage Police Department chief and assistant chief on Peele’s lawsuit that he was transferred out of the detective bureau for talking to a local reporter about the loss of the election by the candidate he supported for mayor. A deposition by a police officer who held the station duty officer position before Peele and the suspicious timing of Peele’s transfer are enough to avoid summary judgment. Remands for further proceedings.

Indiana Court of Appeals
Wayne L. Patton v. State of Indiana
17A05-1210-CR-538
Criminal. Affirms condition of Patton’s probation that prohibits him from accessing websites and computer programs in which children are likely to participate. The condition is reasonable and is neither overbroad or excessively vague because it relates directly to preventing Patton from communicating with children on the Internet.

Term. of the Parent-Child Rel. of: R.J. and T.W. (minor children), C.J. (Mother) and K.J. (Father) v. The Indiana Dept. of Child Services (NFP)
15A01-1207-JT-427
Juvenile. Affirms involuntary termination of parental rights.

Larry A. Rowe, Jr. v. State of Indiana (NFP)
35A02-1212-CR-1016
Criminal. Affirms 12-year sentence for Class B felony burglary.

Brandon T. Wright v. State of Indiana (NFP)

02A04-1211-CR-609
Criminal. Affirms conviction of Class A misdemeanor resisting law enforcement.

Steven Gates v. State of Indiana (NFP)

49A02-1208-CR-685
Criminal. Affirms denial of request for credit time for the completion of various programs while Gates was in the Marion County jail awaiting trial.

Raymond E. Schakel v. State of Indiana (NFP)
24A01-1301-CR-42
Criminal. Reverses conviction for Class A felony child molesting following guilty plea. Remands for further proceedings.

Phong Tien v. State of Indiana (NFP)
49A02-1301-CR-23
Criminal. Affirms sentence for Class D felony theft.

Turf Pro Plus, Inc. v. Indianapolis Department of Public Works, The City-County Council, and The Hon. Greg Ballard (NFP)
49A02-1301-CC-66
Civil collection. Dismisses Turf Pro’s appeal of the grant of the city’s motion to dismiss the company’s complaint regarding contracts to mow grass in city parks.

William Zollinger v. State of Indiana (NFP)

20A03-1211-PC-450
Post conviction. Affirms denial of petition for post-conviction relief.

In the Matter of the Termination of Parent-Child Relationship of R.E. and D.E. v. Indiana Department of Child Services (NFP)
20A05-1209-JT-469
Juvenile. Affirms involuntary termination of father’s parental rights.

Eugene Hill v. State of Indiana (NFP)
49A02-1210-CR-797
Criminal. Affirms revocation of probation and order Hill serve a 180-day sentence in the Marion County jail.

John S. Dillman, Jr. v. Michelle Dillman (NFP)
45A03-1209-DR-388
Domestic relation. Affirms order denying father’s petition to modify custody.

Matthew A. Baugh v. State of Indiana (NFP)
18A05-1210-PC-545
Post conviction. Affirms denial of petition for post-conviction relief.

The Indiana Supreme Court and Tax Court posted no opinions by IL deadline.
 

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  1. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  2. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  3. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  4. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  5. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

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