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Opinions Aug. 22, 2013

August 22, 2013
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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.
 

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  1. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  2. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

  3. @ Rebecca D Fell, I am very sorry for your loss. I think it gives the family solace and a bit of closure to go to a road side memorial. Those that oppose them probably did not experience the loss of a child or a loved one.

  4. If it were your child that died maybe you'd be more understanding. Most of us don't have graves to visit. My son was killed on a state road and I will be putting up a memorial where he died. It gives us a sense of peace to be at the location he took his last breath. Some people should be more understanding of that.

  5. Can we please take notice of the connection between the declining state of families across the United States and the RISE OF CPS INVOLVEMENT??? They call themselves "advocates" for "children's rights", however, statistics show those children whom are taken from, even NEGLIGENT homes are LESS likely to become successful, independent adults!!! Not to mention the undeniable lack of respect and lack of responsibility of the children being raised today vs the way we were raised 20 years ago, when families still existed. I was born in 1981 and I didn't even ever hear the term "CPS", in fact, I didn't even know they existed until about ten years ago... Now our children have disagreements between friends and they actually THREATEN EACH OTHER WITH, "I'll call CPS" or "I'll have [my parent] (usually singular) call CPS"!!!! And the truth is, no parent is perfect and we all have flaws and make mistakes, but it is RIGHTFULLY OURS - BY THE CONSTITUTION OF THIS GREAT NATION - to be imperfect. Let's take a good look at what kind of parenting those that are stealing our children are doing, what kind of adults are they producing? WHAT ACTUALLY HAPPENS TO THE CHILDREN THAT HAVE BEEN RIPPED FROM THEIR FAMILY AND THAT CHILD'S SUCCESS - or otherwise - AS AN ADULT.....

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