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

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)
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)
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)
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)
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)
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)
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)
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)
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)
 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. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  2. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  3. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.

  4. While if true this auto dealer should be held liable, where was the BMV in all of this? How is it that the dealer was able to get "clean" titles to these vehicles in order to sell them to unsuspecting consumers?

  5. He has refused his Assent to Laws, the most wholesome and necessary for the public good. He has forbidden his Governors to pass Laws of immediate and pressing importance, He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance. He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation: For imposing Taxes on us without our Consent: He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.. He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless [ ] Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions. GOD BLESS THE GOVERNORS RESISTING! Count on the gutless judiciary to tie our children down and facilitate the swords being drawn across their throats. Wake Up America ...