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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. I have dealt with more than a few I-465 moat-protected government attorneys and even judges who just cannot seem to wrap their heads around the core of this 800 year old document. I guess monarchial privileges and powers corrupt still ..... from an academic website on this fantastic "treaty" between the King and the people ... "Enduring Principles of Liberty Magna Carta was written by a group of 13th-century barons to protect their rights and property against a tyrannical king. There are two principles expressed in Magna Carta that resonate to this day: "No freeman shall be taken, imprisoned, disseised, outlawed, banished, or in any way destroyed, nor will We proceed against or prosecute him, except by the lawful judgment of his peers or by the law of the land." "To no one will We sell, to no one will We deny or delay, right or justice." Inspiration for Americans During the American Revolution, Magna Carta served to inspire and justify action in liberty’s defense. The colonists believed they were entitled to the same rights as Englishmen, rights guaranteed in Magna Carta. They embedded those rights into the laws of their states and later into the Constitution and Bill of Rights. The Fifth Amendment to the Constitution ("no person shall . . . be deprived of life, liberty, or property, without due process of law.") is a direct descendent of Magna Carta's guarantee of proceedings according to the "law of the land." http://www.archives.gov/exhibits/featured_documents/magna_carta/

  2. I'm not sure what's more depressing: the fact that people would pay $35,000 per year to attend an unaccredited law school, or the fact that the same people "are hanging in there and willing to follow the dean’s lead in going forward" after the same school fails to gain accreditation, rendering their $70,000 and counting education worthless. Maybe it's a good thing these people can't sit for the bar.

  3. Such is not uncommon on law school startups. Students and faculty should tap Bruce Green, city attorney of Lufkin, Texas. He led a group of studnets and faculty and sued the ABA as a law student. He knows the ropes, has advised other law school startups. Very astute and principled attorney of unpopular clients, at least in his past, before Lufkin tapped him to run their show.

  4. Not that having the appellate records on Odyssey won't be welcome or useful, but I would rather they first bring in the stray counties that aren't yet connected on the trial court level.

  5. Aristotle said 350 bc: "The most hated sort, and with the greatest reason, is usury, which makes a gain out of money itself, and not from the natural object of it. For money was intended to be used in exchange, but not to increase at interest. And this term interest, which means the birth of money from money, is applied to the breeding of money because the offspring resembles the parent. Wherefore of an modes of getting wealth this is the most unnatural.

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