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Opinions Sept. 19, 2013

September 19, 2013
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Opinions – Sept. 19, 2013

Indiana Court of Appeals

Beneficial Financial 1 Inc., Successor in Interest to Beneficial Mortgage Co. of Indiana v. Sharon Hatton, a/k/a Sharon J. Hatton, First Select, Inc., Calvary SPV, II, LLC, and Discover Bank
45A03-1212-MF-531
Mortgage foreclosure. Reverses trial court grant of dismissal for failure to state a claim upon which relief can be granted, finding that a surviving company after a merger needs no documentation of assignment of interest in Hatton’s mortgage, and remands to the trial court with instructions to reinstate Beneficial’s complaint for damages. Beneficial also must have an opportunity to prove that a mutual mistake was the cause of an erroneous legal description of the property secured by the mortgage.

In Re: the Paternity of: N.C.G., B.G., v. N.G.

02A04-1301-JP-21
Juvenile Paternity. Reverses denial of B.G.’s (father’s) petition to give his child, N.C.G., his surname. Finds caselaw encourages a paternal connection between a father and his nonmarital and noncustodial child especially when, as in this case, the father pays child support and participates in the minor’s life. Holds giving the child the father’s surname is in the best interest of the child.

Justin D. Maurer v. Crystal Cobb-Maurer
02A03-1304-PO-129
Protective order. Reverses grant of a protective order for Crystal Cobb-Maurer against Justin D. Maurer, holding that there was not evidence of sufficient probative value presented at the hearing to support a finding that would cause a reasonable person to feel terrorized, intimidated or threatened.

Lily, Inc. d/b/a Weinbach Cafeteria and Fernando Tudela v. Silco, LLC.

82A05-1209-PL-459
Civil Plenary. Affirms in part the trial court’s order granting summary judgment to Silco. Also reverses and remands for consideration of issues related to attorney fees, mitigation of damages and accounting. Judge Patricia Riley dissents, in part, finding no material issues of fact remaining based on the designated evidence as to attorneys fees and mitigation of damages.

Richard Reese v. State of Indiana (NFP)
49A02-1303-CR-215
Criminal. Affirms conviction of Class A misdemeanor domestic battery.

Ronald Pearson v. State of Indiana (NFP)
36A04-1211-CR-610
Criminal. Affirms 39-year sentence for multiple drug-related convictions.

James R. Dieterle v. State of Indiana (NFP)
06A05-1304-CR-191
Criminal. Affirms denial of motion to correct erroneous sentence, a 50-year term imposed for conviction of Class A felony arson, Class B felony burglary and Class B misdemeanor public intoxication.

Ivan Luis Vazquez v. State of Indiana (NFP)
79A02-1207-PC-545
Post-conviction. Affirms denial of post-conviction relief from a 45-year executed sentence for conviction of Class A felony charges of dealing in cocaine and conspiracy to deal in cocaine.

J.D.M. v. State of Indiana (NFP)
71A05-1303-JV-109
Juvenile. Affirms delinquency adjudication for committing an act that would be Class A misdemeanor dangerous possession of a firearm if committed by an adult.

In Re The Adoption of K.T.; J.T. v. A.A.B. (NFP)
69A01-1304-AD-184
Adoption. Affirms trial court odrder granting the adoption petition of A.A.B. and terminating father J.T.’s parental rights.

Miles Toran v. State of Indiana (NFP)
49A02-1302-CR-154
Criminal. Affirms 65-year sentence for convictions of murder and attempted murder.

Curtis F. Sample, Jr., v. State of Indiana (NFP)
45A03-1302-CR-52
Criminal. Affirms trial court finding of habitual offender on remand from the Indiana Supreme Court.

Gregory Allen v. State of Indiana (NFP)
49A02-1303-CR-221
Criminal. Affirms 35-year sentence for conviction of Class A felony dealing in cocaine.

The Indiana Supreme Court and Tax Court issued no opinions prior to IL deadline. The 7th Circuit Court of Appeals issued no Indiana decisions prior to 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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