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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. Two cops shot execution style in NYC. Was it first amendment protest, or was it incitement to lawlessness? Some are keeping track of the body bags: http://www.breitbart.com/big-government/2014/12/13/al-sharpton-leads-thousands-in-saturday-march-on-washington-dc/

  2. From the MCBA: “This situation is not just about the death of Michael Brown, but the thousands of other African-Americans who are disproportionately targeted and killed by police officers.” The association said it was “saddened and disappointed” by the decision not to indict Ferguson police officer. HOPING that the MCBA will denouce the execution style killig of two NYC police officers this day, seemingly the act of one who likewise believes that the police are targeting blacks for murder and getting away with it. http://www.mediaite.com/online/two-nypd-cops-fatally-shot-in-ambush-in-brooklyn/ Pray this violence soon ends, and pray it stays far away from Indiana.

  3. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  4. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  5. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

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