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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. Major social engineering imposed by judicial order well in advance of democratic change, has been the story of the whole post ww2 period. Contraception, desegregation, abortion, gay marriage: all rammed down the throats of Americans who didn't vote to change existing laws on any such thing, by the unelected lifetime tenure Supreme court heirarchs. Maybe people came to accept those things once imposed upon them, but, that's accommodation not acceptance; and surely not democracy. So let's quit lying to the kids telling them this is a democracy. Some sort of oligarchy, but no democracy that's for sure, and it never was. A bourgeois republic from day one.

  2. JD Massur, yes, brings to mind a similar stand at a Texas Mission in 1836. Or Vladivostok in 1918. As you seemingly gloat, to the victors go the spoils ... let the looting begin, right?

  3. I always wondered why high fence deer hunting was frowned upon? I guess you need to keep the population steady. If you don't, no one can enjoy hunting! Thanks for the post! Fence

  4. Whether you support "gay marriage" or not is not the issue. The issue is whether the SCOTUS can extract from an unmentionable somewhere the notion that the Constitution forbids government "interference" in the "right" to marry. Just imagine time-traveling to Philadelphia in 1787. Ask James Madison if the document he and his fellows just wrote allowed him- or forbade government to "interfere" with- his "right" to marry George Washington? He would have immediately- and justly- summoned the Sergeant-at-Arms to throw your sorry self out into the street. Far from being a day of liberation, this is a day of capitulation by the Rule of Law to the Rule of What's Happening Now.

  5. With today's ruling, AG Zoeller's arguments in the cases of Obamacare and Same-sex Marriage can be relegated to the ash heap of history. 0-fer

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