ILNews

Opinions June 10, 2011

June 10, 2011
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Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Liberty Country Club v. Landowners of Country Club Estates Housing Development
81A01-1007-MI-364
Miscellaneous. Affirms summary judgment in favor of the landowners of the housing development, concluding that under the terms of the covenant, Liberty is required to provide potable water to the homeowners in the development.

Brenda Bell v. Grandville Cooperative, Inc., et al.
49A04-1101-CT-2
Civil tort. Reverses summary judgment for Grandville Cooperative and Kirkpatrick Management in Bell’s personal injury negligence action against Grandville. There is a question of fact as to whether Grandville breached its duty to maintain the premises in a reasonably safe condition. Remands for further proceedings.

State of Indiana v. Gerald Foster
02A03-1010-CR-596
Criminal. Affirms grant of Foster’s motion to suppress. Under the totality of the circumstances, the officer’s warrantless entry and in-home arrest of Foster was unreasonable and violated Article I, Section 11 of the Indiana Constitution. The connection between the arrest and the securing of statements discloses near constant interaction and exploitation of the arrest and precludes a finding of attenuation. Judge May concurs in result.

D.D. v. State of Indiana (NFP)
49A02-1010-JV-1201
Juvenile. Affirms adjudication of D.D. to be a delinquent child based on true findings for one count of aiding, inducing, or causing rape, and one count of criminal confinement.

Wells Fargo Bank, N.A. v. Reed Hodges, et al. (NFP)
55A01-1007-MF-334
Mortgage foreclosure. Reverses order dismissing Swafford from the bank’s complaint to foreclose on a mortgage executed in favor of the bank’s assignor by Reed and Angelia Hodges. Remands for further proceedings.

Martha Tichenor v. Dana Dodson (NFP)
41A04-1010-PO-667
Protective order. Affirms grant of civil protection order against Tichenor.

Harold L. Tice Jr. v. State of Indiana (NFP)
15A01-1010-CR-518
Criminal. Affirms convictions of sexual misconduct with a minor as a Class C felony and contributing to the delinquency of a minor as a Class A misdemeanor.

Walter L. Walker v. State of Indiana (NFP)
49A05-1010-CR-691
Criminal. Affirms conviction of Class D felony pointing a firearm.

Matthew Fearnow v. State of Indiana (NFP)
20A03-1010-CR-552
Criminal. Reverses denial of request for permission to file a belated notice of appeal. Remands for further proceedings.

Leland Stephens v. State of Indiana (NFP)
18A05-1011-CR-679
Criminal. Affirms sentence for Class D felony theft.

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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