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Opinions June 1, 2012

June 1, 2012
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Indiana Supreme Court and Indiana Tax Court had issued no opinions by IL deadline.

7th Circuit Court of Appeals
United States of America v. Michael Sheneman
11-3161
U.S. District Court, Northern District of Indiana, South Bend Division, Judge Jon E. DeGuilio.
Criminal. Affirms convictions and sentence for four counts of wire fraud in a two-year mortgage fraud scheme. Holds that Sheneman’s sentence enhancements were justified, due to the sophisticated means used to execute the fraud.

Indiana Court of Appeals
City of Elkhart, Indiana v. SFS, LLC and Jefferson Group, LLC
20A04-1104-MI-213
Miscellaneous. Affirms trial court’s order rescinding its previous order that a tax deed be issued to the City of Elkhart, holding that because the city failed to provide adequate notice to the property owner, its tax deed is void.  

Richard Dean Martin v. State of Indiana (NFP)
10A05-1110-PC-526
Post conviction. Affirms convictions of six counts of Class A felony child molesting.

 

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  1. As one of the many consumers affected by this breach, I found my bank data had been lifted and used to buy over $200 of various merchandise in New York. I did a pretty good job of tracing the purchases to stores around a college campus just from the info on my bank statement. Hm. Mr. Hill, I would like my $200 back! It doesn't belong to the state, in my opinion. Give it back to the consumers affected. I had to freeze my credit and take out data protection, order a new debit card and wait until it arrived. I deserve something for my trouble!

  2. Don't we have bigger issues to concern ourselves with?

  3. Anyone who takes the time to study disciplinary and bar admission cases in Indiana ... much of which is, as a matter of course and by intent, off the record, would have a very difficult time drawing lines that did not take into account things which are not supposed to matter, such as affiliations, associations, associates and the like. Justice Hoosier style is a far departure than what issues in most other parts of North America. (More like Central America, in fact.) See, e.g., http://www.theindianalawyer.com/indiana-attorney-illegally-practicing-in-florida-suspended-for-18-months/PARAMS/article/42200 When while the Indiana court system end the cruel practice of killing prophets of due process and those advocating for blind justice?

  4. Wouldn't this call for an investigation of Government corruption? Chief Justice Loretta Rush, wrote that the case warranted the high court’s review because the method the Indiana Court of Appeals used to reach its decision was “a significant departure from the law.” Specifically, David wrote that the appellate panel ruled after reweighing of the evidence, which is NOT permissible at the appellate level. **But yet, they look the other way while an innocent child was taken by a loving mother who did nothing wrong"

  5. Different rules for different folks....

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