Opinions July 26, 2010

Keywords neglect / Opinions

7th Circuit Court of Appeals
States of America v. Mark Ciesiolka

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
Tree Servicing, LLC v. Brian D. Brough

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.

Townsend Jr. v. State of Indiana (NFP)

Post conviction. Affirms denial of petition for post-conviction relief.

v. State of Indiana (NFP)

Juvenile. Affirms B.H.’s placement at the Department of Correction.

v. State of Indiana (NFP)

Juvenile. Affirms order A.T.J. be placed in the custody of the Department of Correction.

W. Jackson III v. State of Indiana (NFP)

Criminal. Affirms conviction of Class B felony burglary.

Alleged to be C.H.I.N.S.; K.J. v. I.D.C.S. and Child Advocates (NFP)

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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