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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. The sad thing is that no fish were thrown overboard The "greenhorn" who had never fished before those 5 days was interrogated for over 4 hours by 5 officers until his statement was illicited, "I don't want to go to prison....." The truth is that these fish were measured frozen off shore and thawed on shore. The FWC (state) officer did not know fish shrink, so the only reason that these fish could be bigger was a swap. There is no difference between a 19 1/2 fish or 19 3/4 fish, short fish is short fish, the ticket was written. In addition the FWC officer testified at trial, he does not measure fish in accordance with federal law. There was a document prepared by the FWC expert that said yes, fish shrink and if these had been measured correctly they averaged over 20 inches (offshore frozen). This was a smoke and mirror prosecution.

  2. I love this, Dave! Many congrats to you! We've come a long way from studying for the bar together! :)

  3. This outbreak illustrates the absurdity of the extreme positions taken by today's liberalism, specifically individualism and the modern cult of endless personal "freedom." Ebola reminds us that at some point the person's own "freedom" to do this and that comes into contact with the needs of the common good and "freedom" must be curtailed. This is not rocket science, except, today there is nonstop propaganda elevating individual preferences over the common good, so some pundits have a hard time fathoming the obvious necessity of quarantine in some situations....or even NATIONAL BORDERS...propagandists have also amazingly used this as another chance to accuse Western nations of "racism" which is preposterous and offensive. So one the one hand the idolatry of individualism has to stop and on the other hand facts people don't like that intersect with race-- remain facts nonetheless. People who respond to facts over propaganda do better in the long run. We call it Truth. Sometimes it seems hard to find.

  4. It would be hard not to feel the Kramers' anguish. But Catholic Charities, by definition, performed due diligence and held to the statutory standard of care. No good can come from punishing them for doing their duty. Should Indiana wish to change its laws regarding adoption agreements and or putative fathers, the place for that is the legislature and can only apply to future cases. We do not apply new laws to past actions, as the Kramers seem intent on doing, to no helpful end.

  5. I am saddened to hear about the loss of Zeff Weiss. He was an outstanding member of the Indianapolis legal community. My thoughts are with his family.

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