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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. Just an aside, but regardless of the outcome, I 'm proud of Judge William Hughes. He was the original magistrate on the Home place issue. He ruled for Home Place, and was primaried by Brainard for it. Their tool Poindexter failed to unseat Hughes, who won support for his honesty and courage throughout the county, and he was reelected Judge of Hamilton County's Superior Court. You can still stand for something and survive. Thanks, Judge Hughes!

  2. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  3. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  4. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  5. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

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