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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. Major social engineering imposed by judicial order well in advance of democratic change, has been the story of the whole post ww2 period. Contraception, desegregation, abortion, gay marriage: all rammed down the throats of Americans who didn't vote to change existing laws on any such thing, by the unelected lifetime tenure Supreme court heirarchs. Maybe people came to accept those things once imposed upon them, but, that's accommodation not acceptance; and surely not democracy. So let's quit lying to the kids telling them this is a democracy. Some sort of oligarchy, but no democracy that's for sure, and it never was. A bourgeois republic from day one.

  2. JD Massur, yes, brings to mind a similar stand at a Texas Mission in 1836. Or Vladivostok in 1918. As you seemingly gloat, to the victors go the spoils ... let the looting begin, right?

  3. I always wondered why high fence deer hunting was frowned upon? I guess you need to keep the population steady. If you don't, no one can enjoy hunting! Thanks for the post! Fence

  4. Whether you support "gay marriage" or not is not the issue. The issue is whether the SCOTUS can extract from an unmentionable somewhere the notion that the Constitution forbids government "interference" in the "right" to marry. Just imagine time-traveling to Philadelphia in 1787. Ask James Madison if the document he and his fellows just wrote allowed him- or forbade government to "interfere" with- his "right" to marry George Washington? He would have immediately- and justly- summoned the Sergeant-at-Arms to throw your sorry self out into the street. Far from being a day of liberation, this is a day of capitulation by the Rule of Law to the Rule of What's Happening Now.

  5. With today's ruling, AG Zoeller's arguments in the cases of Obamacare and Same-sex Marriage can be relegated to the ash heap of history. 0-fer

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