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Opinions Oct. 3, 2011

October 3, 2011
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7th Circuit Court of Appeals
Kristine P. Purcell v. Bank of America
10-3975
U.S. District Court, Northern District of Indiana, Fort Wayne Division, Judge James T. Moody.
Civil. Reverses dismissal of Purcell’s common-law claims against the bank without prejudice to allow her to refile in state court. Remands with instructions to enter judgment for the bank on all of Purcell’s state and federal claims. Sections 1681t(b)(1)(F) and Section 16811h(e)of 15 U.S.C. are compatible, and Section 1681(t)(b) would preempt Purcell’s state-law theories.

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Michael Freed v. State of Indiana
79A02-1010-CR-1187
Criminal. Affirms conviction of Class B felony robbery. Finds the evidence admitted regarding Freed’s uncharged misconduct was properly admitted for the non-character purpose of corroborating Freed’s confession to the instant robbery. The record evidence is sufficient to sustain his conviction.

Indiana Tax Court had posted no opinions at IL deadline.

The Indiana Supreme Court denied transfer to 31 cases and dismissed one for the week ending Sept. 30.
 

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  1. I need an experienced attorney to handle a breach of contract matter. Kindly respond for more details. Graham Young

  2. I thought the slurs were the least grave aspects of her misconduct, since they had nothing to do with her being on the bench. Why then do I suspect they were the focus? I find this a troubling trend. At least she was allowed to keep her law license.

  3. Section 6 of Article I of the Indiana Constitution is pretty clear and unequivocal: "Section 6. No money shall be drawn from the treasury for the benefit of any religious or theological institution."

  4. Video pen? Nice work, "JW"! Let this be a lesson and a caution to all disgruntled ex-spouses (or soon-to-be ex-spouses) . . . you may think that altercation is going to get you some satisfaction . . . it will not.

  5. First comment on this thread is a fitting final comment on this thread, as that the MCBA never answered Duncan's fine question, and now even Eric Holder agrees that the MCBA was in material error as to the facts: "I don't get it" from Duncan December 1, 2014 5:10 PM "The Grand Jury met for 25 days and heard 70 hours of testimony according to this article and they made a decision that no crime occurred. On what basis does the MCBA conclude that their decision was "unjust"? What special knowledge or evidence does the MCBA have that the Grand Jury hearing this matter was unaware of? The system that we as lawyers are sworn to uphold made a decision that there was insufficient proof that officer committed a crime. How can any of us say we know better what was right than the jury that actually heard all of the the evidence in this case."

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