Opinions April 5, 2012

April 5, 2012
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The 7th Circuit Court of Appeals, Indiana Supreme Court and Indiana Tax Court had no opinions at IL deadline.

Indiana Court of Appeals

GMAC Mortgage, LLC v. Ronald Glenn Dyer
Mortgage Foreclosure. Reverses trial court’s order that GMAC Mortgage rewrite an agreement about an FHA-insured loan that Ronald Dyer defaulted on. Appellate court held that under federal law and HUD regulations, deeds in lieu of foreclosure release the borrower from any mortgage obligation and in this case the standard language GMAC used was sufficient.

Sharon Wright and Leslie Wright v. Anthony E. Miller, D.P.M. and Achilles Podiatry Group

Civil tort. Reverses medical malpractice ruling by trial court in striking expert witness testimony and dismissing a woman’s claim. Appellate court remands, finding that the trial court abused its discretion because the woman’s failure to comply with discovery orders and Indiana Trial Rule 41(E) did not rise to a sufficient level to deny her the chance to have her day in court.

Douglas W. Fancil v. State of Indiana
Criminal. Affirms and reverses in part, finding insufficient evidence to support the conclusion that Douglas Fancil manufactured three or more grams of meth. Affirms on other issues and remands with instructions to enter a conviction for a Class B felony dealing in meth and to issue a sentence accordingly.

William J. Harness and Bridget V. Harness v. Tabassum Parkar, Arshad Husain, John Mattingly Homes, Inc., and Lakeridge Crossing Homeowners Association, Inc.
Civil plenary. Affirms trial court’s denial of request for injunctive relief and final judgment entry in favor of Tabassum Parkar, Arshad Husain, John Mattingly Homes and Lakeridge Crossing Homeowners Association.

Amy and Steven Cerajewski v. Erin and Robert Kieffner
Small claims. Dismisses an interlocutory appeal of a Vanderburgh County small claims court’s denial of a couple’s motion to correct venue, in a case alleging breach of contract and fraud resulting from a real estate transaction in Posey County.

James Gagan, Fred Wittlinger, Jack Allen and Eugene Deutsch v. C. Joseph Yast
Civil tort. Affirms trial court’s grant of motion for summary judgment in favor of Yast, finding no evidence exists to support the plaintiffs’ claims that Yast abused his qualified common interest privilege, and holds that statements Yast made were not defamatory, but rather communicated that he was withdrawing as counsel due to conflict of interest.

Joshua Alford v. State of Indiana
Criminal. Affirms revocation of probation, holding that Alford’s false review of his father’s cleaning company on Angie’s List violated a no-contact order, as Alford used an intermediary in an effort to harass his father.

Joshua J. Sharp v. State of Indiana (NFP)
Criminal. Affirms trial court’s denial of a motion to suppress evidence in a jury trial of felony possession of a controlled substance found during a police search. Appellate court determined evidence shows defendant did not restrict his consent to search his vehicle, and so no Fourth Amendment or Indiana Constitution violation occurred.

Isaac Jones v. State of Indiana (NFP)
Post-conviction. Affirms trial court’s denial of a post-conviction relief petition, finding that Isaac Jones’ claim of ineffective assistance of counsel is barred by res judicata.

Debra A. Edwards v. State of Indiana (NFP)
Criminal. Affirms trial court judgment excluding the testimony of an allegedly biased material witness, finding it does not constitute reversible error in the felony theft conviction case.


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  1. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  2. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  3. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  4. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  5. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.