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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. Major social engineering imposed by judicial order well in advance of democratic change, has been the story of the whole post ww2 period. Contraception, desegregation, abortion, gay marriage: all rammed down the throats of Americans who didn't vote to change existing laws on any such thing, by the unelected lifetime tenure Supreme court heirarchs. Maybe people came to accept those things once imposed upon them, but, that's accommodation not acceptance; and surely not democracy. So let's quit lying to the kids telling them this is a democracy. Some sort of oligarchy, but no democracy that's for sure, and it never was. A bourgeois republic from day one.

  2. JD Massur, yes, brings to mind a similar stand at a Texas Mission in 1836. Or Vladivostok in 1918. As you seemingly gloat, to the victors go the spoils ... let the looting begin, right?

  3. I always wondered why high fence deer hunting was frowned upon? I guess you need to keep the population steady. If you don't, no one can enjoy hunting! Thanks for the post! Fence

  4. Whether you support "gay marriage" or not is not the issue. The issue is whether the SCOTUS can extract from an unmentionable somewhere the notion that the Constitution forbids government "interference" in the "right" to marry. Just imagine time-traveling to Philadelphia in 1787. Ask James Madison if the document he and his fellows just wrote allowed him- or forbade government to "interfere" with- his "right" to marry George Washington? He would have immediately- and justly- summoned the Sergeant-at-Arms to throw your sorry self out into the street. Far from being a day of liberation, this is a day of capitulation by the Rule of Law to the Rule of What's Happening Now.

  5. With today's ruling, AG Zoeller's arguments in the cases of Obamacare and Same-sex Marriage can be relegated to the ash heap of history. 0-fer

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