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Opinions Aug. 19, 2013

August 19, 2013
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Indiana Supreme Court
The following opinion was issued after IL deadline Friday.

In Re the Matter of the Adoption of Minor Children; C.B.M. and C.R.M.: C.A.B. v. J.D.M. and K.L.M.
37S03-1303-AD-159
Adoption. Reverses trial court’s denial of mother’s motion to set aside the adoption of her children, C.B.M. and C.R.M. and remands with instructions to vacate the adoption decree. Rules the adoption was based solely on a termination of parental rights judgment against the mother. When the termination judgment was overturned on appeal, the mother then became entitled to having the adoption voided under Trial Rule 60(B)(7). States the reversal may have been avoided altogether, if the adoptive parents had done more than the bare minimum required by law and notified the mother of the adoption proceedings. The mother would have then been given the opportunity to appear in court and be heard.  

Indiana Court of Appeals
Derik A. Blocker and Tammi Blocker v. U.S. Bank National Association as Trustee for the Certificateholders Citigroup Mortgage Loan Trust Inc. Asset-Backed Pass-Through Certificate Series 2007-AHL3
45A03-1211-MF-479
Mortgage foreclosure. Affirms trial court grant of summary judgment to U.S. Bank, holding that no issues of material fact exist, and discards arguments that appeared to stem from “Redemptionist” movement theory claiming that debts could be settled through claims made to the United States Treasury.  

Ryan A. Osowski v. State of Indiana (NFP)
46A04-1211-CR-570
Criminal. Affirms aggregate sentence of 34 years for conviction of three counts of Class B felony child molesting.

Wayne A. Wasson v. State of Indiana (NFP)

02A03-1212-CR-530
Criminal. Affirms 31 1/2-year sentence for conviction of one count of Class A felony child molesting, two counts of Class C felony child molesting, three counts of Class A misdemeanor contributing to the delinquency of a minor, and one count Class D felony sexual battery. Remands for proper assessment of fees.

Waldo Lynn Jones, Jr., v. State of Indiana (NFP)

16A04-1301-CR-12
Criminal. Affirms 65-year executed sentence for conviction of murder.

Jerry Corbier and Stephanie Corbier v. William B. Nourse and Teresa L. Nourse (NFP)
29A04-1210-SC-545
Small claims. Affirms small claims court judgment in favor of William and Teresa Nourse and award of attorney’s fees in their favor.

Yoni Solis v. State of Indiana (NFP)

49A02-1212-CR-971
Criminal. Affirms 70-year executed sentence for conviction of four counts of Class A felony child molesting and three counts of Class C felony child molesting.

Mark A. Cook v. State of Indiana (NFP)
88A01-1210-CR-468
Criminal. Affirms conviction of Class A felony attempted child molesting and Class C felony child molesting.

In the Matter of the Termination of the Parent-Child Relationship of: X.M., Minor Child, A.B., Mother v. Indiana Department of Child Services (NFP)
29A02-1212-JT-961
Juvenile. Affirms involuntary termination of parental rights.

The Indiana Supreme Court and Tax Court issued no opinions prior to IL deadline. The 7th Circuit Court of Appeals issued no Indiana decisions prior to IL deadline.
 

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  1. Living in South Bend, I travel to Michigan a lot. Virtually every gas station sells cold beer there. Many sell the hard stuff too. Doesn't seem to be a big deal there.

  2. Mr. Ricker, how foolish of you to think that by complying with the law you would be ok. Don't you know that Indiana is a state that welcomes monopolies, and that Indiana's legislature is the one entity in this state that believes monopolistic practices (such as those engaged in by Indiana Association of Beverage Retailers) make Indiana a "business-friendly" state? How can you not see this????

  3. Actually, and most strikingly, the ruling failed to address the central issue to the whole case: Namely, Black Knight/LPS, who was NEVER a party to the State court litigation, and who is under a 2013 consent judgment in Indiana (where it has stipulated to the forgery of loan documents, the ones specifically at issue in my case)never disclosed itself in State court or remediated the forged loan documents as was REQUIRED of them by the CJ. In essence, what the court is willfully ignoring, is that it is setting a precedent that the supplier of a defective product, one whom is under a consent judgment stipulating to such, and under obligation to remediate said defective product, can: 1.) Ignore the CJ 2.) Allow counsel to commit fraud on the state court 3.) Then try to hide behind Rooker Feldman doctrine as a bar to being held culpable in federal court. The problem here is the court is in direct conflict with its own ruling(s) in Johnson v. Pushpin Holdings & Iqbal- 780 F.3d 728, at 730 “What Johnson adds - what the defendants in this suit have failed to appreciate—is that federal courts retain jurisdiction to award damages for fraud that imposes extrajudicial injury. The Supreme Court drew that very line in Exxon Mobil ... Iqbal alleges that the defendants conducted a racketeering enterprise that predates the state court’s judgments ...but Exxon Mobil shows that the Rooker Feldman doctrine asks what injury the plaintiff asks the federal court to redress, not whether the injury is “intertwined” with something else …Because Iqbal seeks damages for activity that (he alleges) predates the state litigation and caused injury independently of it, the Rooker-Feldman doctrine does not block this suit. It must be reinstated.” So, as I already noted to others, I now have the chance to bring my case to SCOTUS; the ruling by Wood & Posner is flawed on numerous levels,BUT most troubling is the fact that the authors KNOW it's a flawed ruling and choose to ignore the flaws for one simple reason: The courts have decided to agree with former AG Eric Holder that national banks "Are too big to fail" and must win at any cost-even that of due process, case precedent, & the truth....Let's see if SCOTUS wants a bite at the apple.

  4. I am in NJ & just found out that there is a judgment against me in an action by Driver's Solutions LLC in IN. I was never served with any Court pleadings, etc. and the only thing that I can find out is that they were using an old Staten Island NY address for me. I have been in NJ for over 20 years and cannot get any response from Drivers Solutions in IN. They have a different lawyer now. I need to get this vacated or stopped - it is now almost double & at 18%. Any help would be appreciated. Thank you.

  5. I am in NJ & just found out that there is a judgment against me in an action by Driver's Solutions LLC in IN. I was never served with any Court pleadings, etc. and the only thing that I can find out is that they were using an old Staten Island NY address for me. I have been in NJ for over 20 years and cannot get any response from Drivers Solutions in IN. They have a different lawyer now. I need to get this vacated or stopped - it is now almost double & at 18%. Any help would be appreciated. Thank you.

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