ILNews

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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