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Opinions Aug. 6, 2012

August 6, 2012
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7th Circuit Court of Appeals issued no Indiana opinons prior to IL deadline.

Indiana Supreme Court and Tax Court issued no opinions prior to IL deadline.

Indiana Court of Appeals
Donald Gregory Huls v. State of Indiana

64A04-1110-CR-552
Criminal. Affirms convictions of criminal recklessness, one as a Class D felony and one as a Class C felony. Affirms denial of motion for mistrial because the prosecutor’s isolated comment did not have a probable persuasive effect on the jury and did not place Huls in grave peril. His proposed jury instructions incorrectly stated the law on self-defense or the evidence did not support giving them.  

PNC Bank, National Association, et al. v. LA Development, Inc., Andrew L. Arbuckle, et al., and INTA, LLC v. PNC Bank, National Association, et al.
41A01-1107-MF-314
Mortgage foreclosure. Reverses decision in favor of INTA in an action filed by PNC against LA Development, INTA, and two individuals. The subordination agreement is ambiguous, but concludes PNC did not relinquish all of its rights and remedies in the subordination agreement. Because PNC has shown the requisite provisions of Indiana Code 32-30-5-1 have been satisfied and PNC did not relinquish its mandatory right to the appointment of a receiver, the trial court order is erroneous. Remands for further proceedings.

Janet M. Wright v. State of Indiana (NFP)
11A04-1109-CR-506
Criminal. Affirms denial of Wright’s motion to suppress as to the marijuana found beside her house and the trial court’s deferring to rule on all evidence found inside the home and outbuildings due to insufficient evidence to address that matter. Remands for further proceedings.

Brian L. Millard v. State of Indiana (NFP)
87A01-1201-CR-18
Criminal. Affirms conviction of Class A misdemeanor criminal recklessness.

Preload, Inc. v. Hammond Water Works Department and Jeffrey Porter General Contractors, Inc. (NFP)
45A05-1201-PL-22
Civil plenary. Reverses the trial court order to the extent that the arbitration order says that Preload must be joined as a party in the arbitration between Jeffrey Porter and Hammond Water Works. Remands for further proceedings. Judge Mathias concurs in result.

Paul Edward McMinn v. Lisa Stephanie McMinn (NFP)
20A03-1106-DR-245
Domestic relation. Affirms in part the order which established that child H.McM. should continue his secondary education at a private, parochial high school. Remands for further proceedings.

 

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  1. Based on several recent Indy Star articles, I would agree that being a case worker would be really hard. You would see the worst of humanity on a daily basis; and when things go wrong guess who gets blamed??!! Not biological parent!! Best of luck to those who entered that line of work.

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  3. Don't believe me, listen to Pacino: https://www.youtube.com/watch?v=z6bC9w9cH-M

  4. Law school is social control the goal to produce a social product. As such it began after the Revolution and has nearly ruined us to this day: "“Scarcely any political question arises in the United States which is not resolved, sooner or later, into a judicial question. Hence all parties are obliged to borrow, in their daily controversies, the ideas, and even the language, peculiar to judicial proceedings. As most public men [i.e., politicians] are, or have been, legal practitioners, they introduce the customs and technicalities of their profession into the management of public affairs. The jury extends this habitude to all classes. The language of the law thus becomes, in some measure, a vulgar tongue; the spirit of the law, which is produced in the schools and courts of justice, gradually penetrates beyond their walls into the bosom of society, where it descends to the lowest classes, so that at last the whole people contract the habits and the tastes of the judicial magistrate.” ? Alexis de Tocqueville, Democracy in America

  5. Attorney? Really? Or is it former attorney? Status with the Ind St Ct? Status with federal court, with SCOTUS? This is a legal newspaper, or should I look elsewhere?

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