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Opinions June 13, 2013

June 13, 2013
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Indiana Court of Appeals
Re: the Name Change of Jane Doe, Petitioner, Mary Doe, a Minor, and Baby Doe, a Minor
49A02-1211-MI-894
Miscellaneous. Affirms denial of mother Jane Doe’s petition to change her and her children’s names without publishing notice of the change based on the evidence in the record and current law. Mother may be able to protect some information from public record by going through Administrative Rule 9, but she did not choose to do so.

Anthony J. Iemma, et al. v. JP Morgan Chase Bank, N.A. Successor by Merger with Bank One, N.A.

20A03-1207-MF-326
Mortgage foreclosure. Reverses and remands with instructions that the court vacate its order setting aside the tax deeds in Cause No. 41 and its grant of summary judgment and decree of foreclosure in Cause No. 188. LRB is the owner of the two lots in question and there is no longer any basis for the trial court’s grant of summary judgment and foreclosure in favor of Chase in Cause No. 188.

A.P. v. Review Board of the Indiana Dept. of Workforce Development and UGN, Inc. (NFP)
93A02-1210-EX-804
Agency action. Affirms denial of unemployment benefits.

Deborah K. Wagner as Guardian of the Person and Estate of Harry L. Tillman v. Jeffrey L. Finney as Guardian of the Person and Estate of R. Virginia Tillman (NFP)
82A05-1207-GU-375
Guardianship. Affirms order enforcing a prenuptial provision for spousal support upon petition by Finney. Remands for clarification of the payee of attorney fees.

Richard Young v. State of Indiana (NFP)
79A04-1206-CR-310
Criminal. Affirms convictions and sentence for one count each of Class A felonies conspiracy to commit dealing in methamphetamine and dealing in methamphetamine (manufacturing).

Juan A. Gonzales v. State of Indiana (NFP)
45A03-1210-PC-421
Post conviction. Affirms denial of petition for post-conviction relief.

Brandan Bellamy v. State of Indiana (NFP)
49A02-1210-CR-866
Criminal. Affirms conviction of Class C felony battery.

Stephen L. Gilmore v. State of Indiana (NFP)
40A01-1207-CR-321
Criminal. Affirms conviction and sentence for Class C felony reckless homicide.

The Indiana Supreme Court and Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.
 

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  1. If real money was spent on this study, what a shame. And if some air-head professor tries to use this to advance a career, pity the poor student. I am approaching a time that i (and others around me) should be vigilant. I don't think I'm anywhere near there yet, but seeing the subject I was looking forward to something I might use to look for some benchmarks. When finally finding my way to the hidden questionnaire all I could say to myself was...what a joke. Those are open and obvious signs of any impaired lawyer (or non-lawyer, for that matter), And if one needs a checklist to discern those tell-tale signs of impairment at any age, one shouldn't be practicing law. Another reason I don't regret dropping my ABA membership some number of years ago.

  2. The case should have been spiked. Give the kid a break. He can serve and maybe die for Uncle Sam and can't have a drink? Wow. And they won't even let him defend himself. What a gross lack of prosecutorial oversight and judgment. WOW

  3. I work with some older lawyers in the 70s, 80s, and they are sharp as tacks compared to the foggy minded, undisciplined, inexperienced, listless & aimless "youths" being churned out by the diploma mill law schools by the tens of thousands. A client is generally lucky to land a lawyer who has decided to stay in practice a long time. Young people shouldn't kid themselves. Experience is golden especially in something like law. When you start out as a new lawyer you are about as powerful as a babe in the cradle. Whereas the silver halo of age usually crowns someone who can strike like thunder.

  4. YES I WENT THROUGH THIS BEFORE IN A DIFFERENT SITUATION WITH MY YOUNGEST SON PEOPLE NEED TO LEAVE US ALONE WITH DCS IF WE ARE NOT HURTING OR NEGLECT OUR CHILDREN WHY ARE THEY EVEN CALLED OUT AND THE PEOPLE MAKING FALSE REPORTS NEED TO GO TO JAIL AND HAVE A CLASS D FELONY ON THERE RECORD TO SEE HOW IT FEELS. I WENT THREW ALOT WHEN HE WAS TAKEN WHAT ELSE DOES THESE SCHOOL WANT ME TO SERVE 25 YEARS TO LIFE ON LIES THERE TELLING OR EVEN LE SAME THING LIED TO THE COUNTY PROSECUTOR JUST SO I WOULD GET ARRESTED AND GET TIME HE THOUGHT AND IT TURNED OUT I DID WHAT I HAD TO DO NOT PROUD OF WHAT HAPPEN AND SHOULD KNOW ABOUT SEEKING MEDICAL ATTENTION FOR MY CHILD I AM DISABLED AND SICK OF GETTING TREATED BADLY HOW WOULD THEY LIKE IT IF I CALLED APS ON THEM FOR A CHANGE THEN THEY CAN COME AND ARREST THEM RIGHT OUT OF THE SCHOOL. NOW WE ARE HOMELESS AND THE CHILDREN ARE STAYING WITH A RELATIVE AND GUARDIAN AND THE SCHOOL WON'T LET THEM GO TO SCHOOL THERE BUT WANT THEM TO GO TO SCHOOL WHERE BULLYING IS ALLOWED REAL SMART THINKING ON A SCHOOL STAFF.

  5. Family court judges never fail to surprise me with their irrational thinking. First of all any man who abuses his wife is not fit to be a parent. A man who can't control his anger should not be allowed around his child unsupervised period. Just because he's never been convicted of abusing his child doesn't mean he won't and maybe he hasn't but a man that has such poor judgement and control is not fit to parent without oversight - only a moron would think otherwise. Secondly, why should the mother have to pay? He's the one who made the poor decisions to abuse and he should be the one to pay the price - monetarily and otherwise. Yes it's sad that the little girl may be deprived of her father, but really what kind of father is he - the one that abuses her mother the one that can't even step up and do what's necessary on his own instead the abused mother is to pay for him???? What is this Judge thinking? Another example of how this world rewards bad behavior and punishes those who do right. Way to go Judge - NOT.

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