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Opinions Feb. 24, 2012

February 24, 2012
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The 7th Circuit Court of Appeals, Indiana Supreme Court and Indiana Tax Court had no opinions at IL deadline.

Indiana Court of Appeals
CFS, LLC and Charles Blackwelder v. Bank of America, Successor in Interest to LaSalle Bank Midwest National Association

29A02-1105-MF-436
Mortgage foreclosure.  Affirms trial court’s granting of summary judgment in favor of Bank of America, finding that the bank established no genuine issue of material fact existed about whether a successor bank surviving after a merger could enforce the note and mortgage of the predecessor.

Undray D. Wilson v. State of Indiana (NFP)
34A02-1012-PC-1389
Post-conviction. Affirms denial of post-conviction relief in murder case on grounds that trial and appellate counsel were not ineffective.

Sasha Slater v. Ridinger Enterprises, Inc., d/b/a Shakamak IGA (NFP)
28A05-1104-CT-207
Civil tort. Reverses and remands slip-and-fall injury case where a store had obtained summary judgment on grounds that the plaintiff didn’t provide evidence as to what caused her fall. Finds the plaintiff created a genuine issue of material fact about the floor where the injury occurred and ruled the trial court’s summary judgment ruling was an error.

In Re: Levi Jacob Loucks Testimonial Trust and James M. Loucks, Trustee; Angel M. Lepley v. Levi J. Loucks (NFP)
17A04-1107-TR-386
Trust. Affirms judgment of trial court that denied a woman’s request to access principal trust funds to pay child support and also denied her request for attorney fees incurred while trying to collect the child support.

Jeremy D. Stone v. State of Indiana (NFP)
02A04-1007-CR-464
Criminal. Affirms a three-year executed sentence for strangulation, finding that defendant-appellant didn’t demonstrate the trial court abused its discretion in failing to mention the man’s guilty plea as a mitigating factor. Nothing is inappropriate about the sentence based on the offender’s character and nature of the crime.
 
Danny W. Ramsey v. State of Indiana (NFP)
14A01-1102-PC-84
Post-conviction. Affirms trial court’s partial denial of a post-conviction relief petition regarding an evidentiary hearing request, whether trial counsel provided ineffective assistance, and whether appellate counsel’s failure to challenge the sentence constituted ineffective assistance.
 
Antoine L. Skinner v. State of Indiana (NFP)
48A02-1105-CR-514
Criminal. Affirms a probation revocation, finding that the trial court didn’t abuse its discretion in revoking all four years of a suspended sentence because of the man’s single sale of cocaine to a police informant which the defendant-appellant claimed was “a trivial violation.”
 
T.W.O. f/k/a T.L.W. v. G.A.W. (NFP)
64A03-1106-DR-289
Domestic relations. Affirms trial court’s decision in favor of the father on grounds that the trial court didn’t abuse its discretion in denying mother’s request to modify custody, didn’t abuse its discretion in dividing marital property, and didn’t abuse its discretion in declining to modify the mother’s child support obligation to an earlier date.
 
Zachery Lewis v. State of Indiana (NFP)
35A02-1108-CR-796
Criminal. Affirms one-year jail sentence for two counts of Class A misdemeanor battery resulting in bodily injury, finding that the nature of the offense and offender’s character didn’t make the sentence inappropriate.

Henry A. Booker v. State of Indiana (NFP)
03A01-1105-CR-221
 Criminal. Affirms conviction of Class A felony dealing in a Schedule II controlled substance, finding the 40-year sentence is appropriate, that the evidence was sufficient and the trial court didn’t abuse its discretion in jury instruction regarding the defendant’s defense to the crime.
 

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  1. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

  2. Seventh Circuit Court Judge Diane Wood has stated in “The Rule of Law in Times of Stress” (2003), “that neither laws nor the procedures used to create or implement them should be secret; and . . . the laws must not be arbitrary.” According to the American Bar Association, Wood’s quote drives home this point: The rule of law also requires that people can expect predictable results from the legal system; this is what Judge Wood implies when she says that “the laws must not be arbitrary.” Predictable results mean that people who act in the same way can expect the law to treat them in the same way. If similar actions do not produce similar legal outcomes, people cannot use the law to guide their actions, and a “rule of law” does not exist.

  3. Linda, I sure hope you are not seeking a law license, for such eighteenth century sentiments could result in your denial in some jurisdictions minting attorneys for our tolerant and inclusive profession.

  4. Mazel Tov to the newlyweds. And to those bakers, photographers, printers, clerks, judges and others who will lose careers and social standing for not saluting the New World (Dis)Order, we can all direct our Two Minutes of Hate as Big Brother asks of us. Progress! Onward!

  5. My daughter was taken from my home at the end of June/2014. I said I would sign the safety plan but my husband would not. My husband said he would leave the house so my daughter could stay with me but the case worker said no her mind is made up she is taking my daughter. My daughter went to a friends and then the friend filed a restraining order which she was told by dcs if she did not then they would take my daughter away from her. The restraining order was not in effect until we were to go to court. Eventually it was dropped but for 2 months DCS refused to allow me to have any contact and was using the restraining order as the reason but it was not in effect. This was Dcs violating my rights. Please help me I don't have the money for an attorney. Can anyone take this case Pro Bono?

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