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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. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  2. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  3. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  4. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  5. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

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