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Opinions July 14, 2011

July 14, 2011
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The following 7th Circuit Court of Appeals opinion was posted after IL deadline:
Phillip A. Collins, on behalf of himself and all others similarly situated v. America’s Servicing Co.
10-2962
U.S. District Court, Northern District of Indiana, Hammond Division, Judge Robert Miller Jr.
Civil. Affirms summary judgment for America’s Servicing Co. on Collins’ breach of contract claim and claim that ASC violated the Indiana’s Home Loan Practices Act. ASC had the right at all times, under the original contract and both forbearance agreements, to charge Collins late fees and report his late payments. He cannot prove that ASC knowingly or intentionally made a material representation or concealed information because the plain language of the forbearance agreements made clear that all the provisions of the original mortgage applied.

Today’s opinions
7th Circuit Court of Appeals
United States of America v. Nathaniel Josiah Worden
10-3567
U.S. District Court, Northern District of Indiana, Hammond Division, Judge Joseph Van Bokkelen.
Criminal. Dismisses appeal of District Court’s order that Worden pay approximately $500,000 in restitution to one of the victims of his offense. The restitution order falls within the scope of the appellate waiver in Worden’s plea agreement to one count of advertising child pornography.

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Shon L. Edmond v. State of Indiana
49A04-1012-CR-756
Criminal. Affirms denial of motion to suppress. Because the police officer had probable cause to arrest Edmond, the pat-down search of him was a valid search incident to arrest and Edmond’s constitutional rights weren’t violated.

James R. Hundley v. State of Indiana

24A01-1010-CR-550
Criminal. Affirms conviction of and sentence for Class A felony dealing in methamphetamine. The evidence is sufficient to show the meth lab belonged to Hundley and that he manufactured more than three grams of adulterated methamphetamine.

Great Lakes Transfer, LLC, et al. v. Porter County Highway Dept., et al.

46A03-1010-PL-554
Civil plenary. Affirms the trial court lacked subject matter jurisdiction to review the Porter County Highway Department’s denial of applications for a driveway permit. The highway department’s review of Great Lakes Transfer’s application for a driveway permit was a discretionary administrative act and not a decision subject to judicial review.

Kraig Eric Burgan v. State of Indiana (NFP)

18A05-1012-CR-737
Criminal. Affirms sentence following guilty plea to Class C felony child molesting.

Karl Neil Robinson v. State of Indiana (NFP)
20A03-1011-CR-610
Criminal. Affirms denial of motion to correct erroneous sentence.

Sheldon C. McAuley v. State of Indiana (NFP)
02A03-1011-CR-646
Criminal. Affirms convictions of Class C felony battery, Class D felony residential entry, and Class A misdemeanor interference with the reporting of a crime.

James M. Mrozinski v. State of Indiana (NFP)
46A04-1004-CR-260
Criminal. Affirms convictions of Class B felonies robbery and burglary.

Indiana Tax Court had posted no opinions at IL deadline.

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  1. Im very happy for you, getting ready to go down that dirt road myself, and im praying for the same outcome, because it IS sometimes in the childs best interest to have visitation with grandparents. Thanks for sharing, needed to hear some positive posts for once.

  2. Been there 4 months with 1 paycheck what can i do

  3. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

  4. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  5. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

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