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. Hmmmmm ..... How does the good doctor's spells work on tyrants and unelected bureacrats with nearly unchecked power employing in closed hearings employing ad hoc procedures? Just askin'. ... Happy independence day to any and all out there who are "free" ... Unlike me.

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  3. The practitioners and judges who hail E-filing as the Saviour of the West need to contain their respective excitements. E-filing is federal court requires the practitioner to cram his motion practice into pigeonholes created by IT people. Compound motions or those seeking alternative relief are effectively barred, unless the practitioner wants to receive a tart note from some functionary admonishing about the "problem". E-filing is just another method by which courts and judges transfer their burden to practitioners, who are the really the only powerless components of the system. Of COURSE it is easier for the court to require all of its imput to conform to certain formats, but this imposition does NOT improve the quality of the practice of law and does NOT improve the ability of the practitioner to advocate for his client or to fashion pleadings that exactly conform to his client's best interests. And we should be very wary of the disingenuous pablum about the costs. The courts will find a way to stick it to the practitioner. Lake County is a VERY good example of this rapaciousness. Any one who does not believe this is invited to review the various special fees that system imposes upon practitioners- as practitioners- and upon each case ON TOP of the court costs normal in every case manually filed. Jurisprudence according to Aldous Huxley.

  4. Any attorneys who practice in federal court should be able to say the same as I can ... efiling is great. I have been doing it in fed court since it started way back. Pacer has its drawbacks, but the ability to hit an e-docket and pull up anything and everything onscreen is a huge plus for a litigator, eps the sole practitioner, who lacks a filing clerk and the paralegal support of large firms. Were I an Indiana attorney I would welcome this great step forward.

  5. Can we get full disclosure on lobbyist's payments to legislatures such as Mr Buck? AS long as there are idiots that are disrespectful of neighbors and intent on shooting fireworks every night, some kind of regulations are needed.

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