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Opinions April 26, 2011

April 26, 2011
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Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Wachovia Financial Services, Inc. v. Dune Harbor, LLC, et al.
64A03-1008-MF-415
Mortgage foreclosure. Reverses summary judgment order that a vendor lien was created in favor of and in force for Lefty’s Co-Ho Landing when Wachovia recorded its mortgages, stating that a genuine issue of material fact remains as to whether the lien, if created, was in force. Remands for further proceedings.

Lola Austin v. Indiana Family and Social Services Administration
64A04-1008-MI-514
Miscellaneous. Affirms trial court’s affirmance of Family and Social Services Administration’s imposition of transfer penalty upon Lola Austin’s application for Medicaid nursing home benefits, based upon Austin’s payment of $35,500 to her nephew and his wife, James and Julianne Mack, prior to applying for Medicaid nursing home benefits.

Michael D. Bennett v. State of Indiana (NFP)
33A04-1010-CR-658
Criminal. Affirms sentences for Class D felony resisting law enforcement and Class A misdemeanor driving while suspended.

Term. of Parent-Child Rel. of D.W., et al.; A.W. v. I.D.C.S. (NFP)
49A02-1009-JT-1076
Juvenile. Affirms termination of parental rights.

Antonio Dallas Jenkins v. State of Indiana (NFP)
68A01-1008-CR-417
Criminal. Affirms conviction of and sentence for Class B felony dealing in a Schedule III controlled substance.

Timothy Robertson v. State of Indiana (NFP)
27A02-1008-CR-928
Criminal. Affirms order revoking probation and ordering that Timothy Robertson serve two years of his previously suspended sentence.

Earl Wilson v. State of Indiana (NFP)
45A03-1006-PC-305
Post conviction relief petition. Affirms denial of petition for post-conviction relief.

Lyle Tucker v. State of Indiana (NFP)
60A01-1010-CR-569
Criminal. Dismisses as moot Lyle Tucker’s appeal, as Tucker has already served the executed portion of his sentence.

Anthony Scott v. Saundra L. Walden (NFP)
29A05-1004-PL-250
Civil plenary. Affirms order dividing property between Anthony Scott and Saundra Walden and denies Walden’s request for appellate attorney fees.

Jeremiah Farmer v. State of Indiana (NFP)
45A03-1005-CR-231
Criminal. Affirms aggregate 20-year sentence for one count of Class B felony robbery and one count of Class B felony burglary.

Marvin Smith v. State of Indiana (NFP)
71A03-1007-CR-371
Criminal. Affirms sentence for Class D felony battery to a law enforcement officer.

Matter of the Supervised Estate of Mary Mikels (NFP)
36A05-1006-ES-429
Estate, supervised. Affirms order authorizing Jackson County Bank, the personal representative of the estate of Mary Mikels, to sell real property, pay claims, and close the estate.

Walter Wayne Bowles v. Terri E. Bowles (NFP)
30A01-1012-DR-620
Domestic relation. Reverses trial court’s order granting wife’s motion to correct error.

Company v. K.S. and Review Board (NFP)
93A02-1011-EX-1205
Civil. Affirms decision of Department of Workforce Development’s Unemployment Insurance Review Board to reinstate unemployment insurance benefits.

Michael P. Heffern v. State of Indiana (NFP)
38A05-1007-CR-462
Criminal. Affirms convictions of felony murder and Class B felony robbery.

Andrew Peters v. State of Indiana (NFP)
15A01-1011-CR-621
Criminal. Affirms order revoking probation and ordering that Andrew Peters serve the remainder of his previously suspended sentence.

Alisha Gentry v. State of Indiana (NFP)
49A02-1007-CR-814
Criminal. Affirms conviction of Class A misdemeanor prostitution.

Term. of Parent-Child Rel. of C.H., et al.; S.H., et al. v. I.D.C.S. (NFP)
45A03-1009-JT-480
Juvenile. Affirms termination of parental rights.

David Griffin v. State of Indiana (NFP)
73A05-1006-CR-438
Criminal. Affirms trial court’s decision to admit into evidence David Griffin’s statement to police. Vacates theft conviction on double jeopardy grounds and remands to trial court to enter judgment accordingly.  

Stephanie Henry v. James Henry (NFP)
28A05-1010-DR-696
Domestic relations. Affirms trial court’s award of custody of the children to maternal grandparents.

Christopher Conwell v. State of Indiana (NFP)
49A02-1008-CR-861
Criminal. Affirms trial court’s admission into evidence of post-arrest statement.

Myron Bernard James v. State of Indiana (NFP)
79A02-1007-CR-830
Criminal. Affirms in absentia sentencing.

Indiana Tax Court had posted no opinions at IL deadline.
 

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  1. Your article is a good intro the recent amendments to Fed.R.Civ.P. For a much longer - though not necessarily better -- summary, counsel might want to read THE CHIEF UMPIRE IS CHANGING THE STRIKE ZONE, which I co-authored and which was just published in the January issue of THE VERDICT (the monthly publication of the Indiana Trial Lawyers Association).

  2. Thank you, John Smith, for pointing out a needed correction. The article has been revised.

  3. The "National institute for Justice" is an agency for the Dept of Justice. That is not the law firm you are talking about in this article. The "institute for justice" is a public interest law firm. http://ij.org/ thanks for interesting article however

  4. I would like to try to find a lawyer as soon possible I've had my money stolen off of my bank card driver pressed charges and I try to get the information they need it and a Social Security board is just give me a hold up a run around for no reason and now it think it might be too late cuz its been over a year I believe and I can't get the right information they need because they keep giving me the runaroundwhat should I do about that

  5. It is wonderful that Indiana DOC is making some truly admirable and positive changes. People with serious mental illness, intellectual disability or developmental disability will benefit from these changes. It will be much better if people can get some help and resources that promote their health and growth than if they suffer alone. If people experience positive growth or healing of their health issues, they may be less likely to do the things that caused them to come to prison in the first place. This will be of benefit for everyone. I am also so happy that Indiana DOC added correctional personnel and mental health staffing. These are tough issues to work with. There should be adequate staffing in prisons so correctional officers and other staff are able to do the kind of work they really want to do-helping people grow and change-rather than just trying to manage chaos. Correctional officers and other staff deserve this. It would be great to see increased mental health services and services for people with intellectual or developmental disabilities in the community so that fewer people will have to receive help and support in prisons. Community services would like be less expensive, inherently less demeaning and just a whole lot better for everyone.

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