ILNews

Opinions Aug. 22, 2013

August 22, 2013
Keywords
Back to TopE-mailPrintBookmark and Share

Indiana Court of Appeals
Roger A. Buchanan and Susan Buchanan v. HSBC Mortgage Services, Inc.
39A01-1211-MF-515
Mortgage foreclosure. Affirms trial court grant of summary judgment in favor of HSBC Mortgage Services, holding that even if a mortgage was not properly acknowledged, the Buchanans don’t deny that they executed a mortgage and note when they purchased their home, on which they stopped making mortgage payments in 2007. The Buchanans’ arguments therefore are without merit.

Dianne M. Ross, William L. Ross, Martha Jane Milhouse and Paul David Milhouse v. Bartholomew County Drainage Board and Stephen A. Hoevener, Jim Pence, Ron Speaker, Jeff Schroer, and Carl Lienhoop
03A01-1210-PL-489
Civil plenary. Affirms ruling that a berm constructed by the Rosses and the Milhouses did impede the draining of a natural surface watercourse and should be removed. Also affirms the reduction of attorney fees related to a violation of Indiana’s Open Door Law, finding the petitioners included reimbursements for work done outside the Open Door Law claim.

Alexander David Toradze v. Susan Blake Toradze
71A05-1212-DR-623
Domestic relation. Affirms trial court’s denial of Alexander Toradze’s motion to dismiss for lack of jurisdiction. Father is contesting his ex-wife’s petition to a modify child support order to include college expenses. Finds the court does have jurisdiction because recent amendments to the termination of child support and emancipation statute entitle Susan Toradze to file a petition. In a concurring opinion, Judge Elaine Brown concludes the trial court had personal and subject matter jurisdiction.    

Jeremiah Walls v. State of Indiana
55A05-1211-CR-603
Criminal. Affirms conviction and three-year sentence on two counts of Class D felony intimidation and misdemeanor counts of resisting law enforcement, criminal trespass, two counts of battery and disorderly conduct, and a divided appeals panel affirmed the conviction and sentence, rejecting Walls’ arguments that the evidence was insufficient to sustain the criminal trespass and convictions, that the jury was improperly instructed, that the trial court improperly limited his closing argument, and that the voluntary intoxication statute is unconstitutional. Dissenting Judge Patricia Riley would reverse the criminal trespass conviction, holding that residents of an apartment complex could not ask Walls to leave the common areas outside their doors where he was creating a disturbance.

Terry Eldridge v. State of Indiana (NFP)
49A04-1301-CR-24
Criminal. Dismisses appeal to trial court’s denial of petition for additional credit time for completing a rehabilitative program prior to sentencing. Rules under Appellate Rule 9, Eldridge did not file a timely notice of his appeal. The proper time to file an appeal was within 30 days of the court’s 2006 sentencing order which Eldridge did not do.   

Kevin Patterson v. State of Indiana (NFP)
48A02-1208-CR-628
Criminal. Affirms convictions for battery, a Class C felony; and intimidation, a Class C felony.

Isaiah Adams v. State of Indiana (NFP)
49A05-1212-CR-605
Criminal. Affirms conviction for Class A misdemeanor invasion of privacy.

Joshua Steelman v. State of Indiana (NFP)
15A05-1212-CR-661
Criminal. Affirms convictions for theft, as a Class D felony; criminal mischief, as a Class B misdemeanor; and unauthorized entry of a motor vehicle, as a Class B misdemeanor.

Clifford N. Whitmer, II v. State of Indiana (NFP)
20A04-1302-CR-70
Criminal. Affirms 50-year sentence for conviction of robbery resulting in serious bodily injury, a Class A felony.

Timothy G. Lyles v. State of Indiana (NFP)
08A02-1302-CR-179
Criminal. Affirms convictions of two counts of Class A felony child molesting and two counts of Class C felony child molesting along with sentence for a 40-year aggregate term.

In the Matter of D.S., Child in Need of Services; R.J. v. Indiana Dept. of Child Services (NFP)
49A02-1301-JC-26
Juvenile. Affirms the juvenile court’s adjudication of R.J.’s (father) child, D.S., as a child in need of services.

Indiana Supreme Court and Indiana Tax Court issued no opinions by IL deadline. 7th Circuit Court of Appeals issued no Indiana opinions by IL deadline.
 

ADVERTISEMENT

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. For many years this young man was "family" being my cousin's son. Then he decided to ignore my existence and that of my daughter who was very hurt by his actions after growing up admiring, Jason. Glad he is doing well, as for his opinion, if you care so much you wouldn't ignore the feelings of those who cared so much about you for years, Jason.

  2. Good riddance to this dangerous activist judge

  3. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  4. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  5. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

ADVERTISEMENT