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Judges define 'courthouse' for first time

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In a case of first impression, the Indiana Court of Appeals had to decide if a courthouse means a particular building or may be any place that houses the trial courts. Their decision would impact a woman whose home was sold in a sheriff’s sale.

Claudette Gee’s home was ordered into a foreclosure sale in August 2009. During that time, three of Grant County’s four courts were relocated to temporary offices and a temporary courtroom because of repairs at the Grant County courthouse. The Grant County Sheriff’s department posted notice of the sheriff sales on a bulletin board located next to the door of the temporary courtroom. Notice of the sale involving Gee’s home wasn’t posted at the permanent courthouse.

Gee tried to get the sale set aside because she argued the sheriff’s office didn’t post notice of the sale “at the door of the courthouse” pursuant to Indiana Code Section 32-29-7-3(e). The trial court denied her motion to set aside and the Court of Appeals affirmed.

In Claudette Gee v. Green Tree Servicing LLC, No. 27A02-1003-MF-304, the judges, noting that “courthouse” isn’t defined in the statute in question, relied on the Black’s Law Dictionary definition to determine that a courthouse is the building where judges convene to adjudicate disputes and administer justice. Thus, the statute applies to the temporary location.

“Significantly, however, Gee does not argue that the sheriff was required to post notice at both the Complex and the permanent courthouse,” wrote Judge Edward Najam. “We therefore do not consider whether Section 32-29-7-3(e) requires the sheriff to post notice at all functioning courthouses or just at one courthouse.”
 

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  1. Such things are no more elections than those in the late, unlamented Soviet Union.

  2. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  3. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  4. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  5. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

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