ILNews

Opinions - Sept. 20, 2013

September 20, 2013
Keywords
Back to TopE-mailPrintBookmark and Share

Opinions – Sept. 20, 2013

Indiana Court of Appeals


Walter E. Lunsford v. Deutsche Bank Trust Company Americas as Trustee
30A01-1302-MF-63
Mortgage foreclosure. Affirms trial court grant of summary judgment in favor of Deutsche Bank, holding that its mortgage was the senior lien on a property that Walter Lunsford sold on a land contract years earlier but failed to record until after the mortgage was recorded. Deutsche Bank is the holder of the note and was entitled to enforce the loan document after a default, and Lunsford waived his arguments that the bank lacks standing and that it refused his offer to make payment in full because those arguments were not raised before the trial court.

Linda M. Neese v. State of Indiana
41A01-1303-CR-138
Criminal. Affirms conviction for Class A misdemeanor check deception. Finds the state presented sufficient evidence. Also rules Neese failed to meet the burden of proving her affirmative defense. She told her friend she had insufficient funds in her bank account to cover the check when, in fact, her account at the bank had been closed. Consequently, she failed to show she did not mislead, deceive or defraud.

In Re the Term. of the Parent-Child Relationship of F.L. and B.L., Minor Children, and their Mother, B.L. and their Father D.L., B.L. and D.L. v. Indiana Department of Child Services (NFP)
28A01-1303-JT-126
Juvenile. Affirms termination of parental rights.

William Temple v. State of Indiana (NFP)
33A01-1211-MI-533
Criminal. On rehearing, clarifies that the trial court may address Temple’s petition for habeas corpus and treat it as a post-conviction petition, and there is no need to transfer to a different trial court. Affirms its prior opinion in all other respects.

Indiana Supreme Court and Indiana Tax Court issued no opinions before IL deadline Friday. U.S. 7th Circuit Court of Appeals issued no Indiana opinions by IL deadline Friday.
 

ADVERTISEMENT

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  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.

ADVERTISEMENT