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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. State Farm is sad and filled with woe Edward Rust is no longer CEO He had knowledge, but wasn’t in the know The Board said it was time for him to go All American Girl starred Margaret Cho The Miami Heat coach is nicknamed Spo I hate to paddle but don’t like to row Edward Rust is no longer CEO The Board said it was time for him to go The word souffler is French for blow I love the rain but dislike the snow Ten tosses for a nickel or a penny a throw State Farm is sad and filled with woe Edward Rust is no longer CEO Bambi’s mom was a fawn who became a doe You can’t line up if you don’t get in a row My car isn’t running, “Give me a tow” He had knowledge but wasn’t in the know The Board said it was time for him to go Plant a seed and water it to make it grow Phases of the tide are ebb and flow If you head isn’t hairy you don’t have a fro You can buff your bald head to make it glow State Farm is sad and filled with woe Edward Rust is no longer CEO I like Mike Tyson more than Riddick Bowe A mug of coffee is a cup of joe Call me brother, don’t call me bro When I sing scat I sound like Al Jarreau State Farm is sad and filled with woe The Board said it was time for him to go A former Tigers pitcher was Lerrin LaGrow Ursula Andress was a Bond girl in Dr. No Brian Benben is married to Madeline Stowe Betsy Ross couldn’t knit but she sure could sew He had knowledge but wasn’t in the know Edward Rust is no longer CEO Grand Funk toured with David Allan Coe I said to Shoeless Joe, “Say it ain’t so” Brandon Lee died during the filming of The Crow In 1992 I didn’t vote for Ross Perot State Farm is sad and filled with woe The Board said it was time for him to go A hare is fast and a tortoise is slow The overhead compartment is for luggage to stow Beware from above but look out below I’m gaining momentum, I’ve got big mo He had knowledge but wasn’t in the know Edward Rust is no longer CEO I’ve travelled far but have miles to go My insurance company thinks I’m their ho I’m not their friend but I am their foe Robin Hood had arrows, a quiver and a bow State Farm has a lame duck CEO He had knowledge, but wasn’t in the know The Board said it was time for him to go State Farm is sad and filled with woe

  2. The ADA acts as a tax upon all for the benefit of a few. And, most importantly, the many have no individual say in whether they pay the tax. Those with handicaps suffered in military service should get a pass, but those who are handicapped by accident or birth do NOT deserve that pass. The drivel about "equal access" is spurious because the handicapped HAVE equal access, they just can't effectively use it. That is their problem, not society's. The burden to remediate should be that of those who seek the benefit of some social, constructional, or dimensional change, NOT society generally. Everybody wants to socialize the costs and concentrate the benefits of government intrusion so that they benefit and largely avoid the costs. This simply maintains the constant push to the slop trough, and explains, in part, why the nation is 20 trillion dollars in the hole.

  3. Hey 2 psychs is never enough, since it is statistically unlikely that three will ever agree on anything! New study admits this pseudo science is about as scientifically valid as astrology ... done by via fortune cookie ....John Ioannidis, professor of health research and policy at Stanford University, said the study was impressive and that its results had been eagerly awaited by the scientific community. “Sadly, the picture it paints - a 64% failure rate even among papers published in the best journals in the field - is not very nice about the current status of psychological science in general, and for fields like social psychology it is just devastating,” he said. http://www.theguardian.com/science/2015/aug/27/study-delivers-bleak-verdict-on-validity-of-psychology-experiment-results

  4. Indianapolis Bar Association President John Trimble and I are on the same page, but it is a very large page with plenty of room for others to join us. As my final Res Gestae article will express in more detail in a few days, the Great Recession hastened a fundamental and permanent sea change for the global legal service profession. Every state bar is facing the same existential questions that thrust the medical profession into national healthcare reform debates. The bench, bar, and law schools must comprehensively reconsider how we define the practice of law and what it means to access justice. If the three principals of the legal service profession do not recast the vision of their roles and responsibilities soon, the marketplace will dictate those roles and responsibilities without regard for the public interests that the legal profession professes to serve.

  5. I have met some highly placed bureaucrats who vehemently disagree, Mr. Smith. This is not your father's time in America. Some ideas are just too politically incorrect too allow spoken, says those who watch over us for the good of their concept of order.

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