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Opinions June 19, 2012

June 19, 2012
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7th Circuit Court of Appeals issued no Indiana opinions by IL deadline.

Indiana Tax Court and Indiana Supreme Court issued no opinions by IL deadline.

Indiana Court of Appeals

Alan Patrick McEntee v. Wells Fargo Bank, N.A.
75A03-1106-MF-277
Mortgage foreclosure. Reverses summary judgment in favor of Wells Fargo and remands to the trial court, holding that the court erred because Wells Fargo failed to establish there was no material fact that McEntee had defaulted; and that Wells Fargo failed to establish the absence of a genuine issue of material fact as to McEntee’s affirmative defense.  

Victoria Peak v. State of Indiana (NFP)

49A02-1112-CR-1096
Criminal. Affirms conviction of Class A misdemeanor possession of paraphernalia.

Jeffrey D. Pruitt v. State of Indiana (NFP)
20A05-1110-CR-576
Criminal. Affirms conviction of Class C felony criminal recklessness.

Kunta K. Gray v. State of Indiana (NFP)
49A04-1111-PC-623
Post conviction. Affirms denial of petition for post-conviction relief.

Robert Sean Morphett v. State of Indiana (NFP)
82A05-1110-CR-565
Criminal. Affirms sentence for Class C felony battery.

Suzanne Throgmartin v. Gregg Appliances, Inc. (NFP)
84A05-1110-MF-573
Mortgage foreclosure. Affirms trial court’s dismissal of Throgmartin’s third-party complaint against Gregg Appliances.

Kimberly S. Lakin v. State of Indiana (NFP)
91A02-1107-CR-655
Criminal. Affirms conviction of Class A misdemeanor possession of paraphernalia.

Jennifer Alao-Hamed v. Adeniran Alao-Hamed (NFP)
49A02-1110-DR-1017
Domestic relation. Affirms trial court’s grant of husband’s motion to correct error.

Michael Eward v. State of Indiana (NFP)
49A02-1110-CR-934
Criminal. Affirms convictions of one count Class A misdemeanor and one count Class C misdemeanor operating a vehicle while intoxicated.  

Shawn Lamont Alexander v. State of Indiana (NFP)
71A03-1109-CR-424
Criminal. Affirms sentences for two counts of Class A felony attempted murder and two counts of Class C felony attempted robbery.

Kenneth Watson v. P.C. Operating, LLC d/b/a Mentone Mini Mart, Paladin Global Development, Paladin Commercial LLC and Scientific Games International, Inc. (NFP)
43A04-1202-PL-55
Civil plenary. Affirms trial court’s dismissal of Watson’s complaint for lack of subject matter jurisdiction based upon collateral estoppel.

Michael Priddy v. State of Indiana (NFP)
31A01-1110-CR-455
Criminal. Affirms convictions of and sentences for eight counts of Class B felony child molesting.  

Martin A. Harriman v. Kristina A. Harriman (NFP)
41A01-1111-DR-513
Domestic relation. Reverses trial court’s determination on amount of health care costs owed to Kristina Harriman with instructions to vacate the order requiring Martin Harriman to pay or hold a hearing to determine the correct amount. Affirms in all other regards.
 

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  1. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  2. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  3. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

  4. Catholic, Lutheran, even the Baptists nuzzling the wolf! http://www.judicialwatch.org/press-room/press-releases/judicial-watch-documents-reveal-obama-hhs-paid-baptist-children-family-services-182129786-four-months-housing-illegal-alien-children/ YET where is the Progressivist outcry? Silent. I wonder why?

  5. Thank you, Honorable Ladies, and thank you, TIL, for this interesting interview. The most interesting question was the last one, which drew the least response. Could it be that NFP stamps are a threat to the very foundation of our common law American legal tradition, a throwback to the continental system that facilitated differing standards of justice? A throwback to Star Chamber’s protection of the landed gentry? If TIL ever again interviews this same panel, I would recommend inviting one known for voicing socio-legal dissent for the masses, maybe Welch, maybe Ogden, maybe our own John Smith? As demographics shift and our social cohesion precipitously drops, a consistent judicial core will become more and more important so that Justice and Equal Protection and Due Process are yet guiding stars. If those stars fall from our collective social horizon (and can they be seen even now through the haze of NFP opinions?) then what glue other than more NFP decisions and TRO’s and executive orders -- all backed by more and more lethally armed praetorians – will prop up our government institutions? And if and when we do arrive at such an end … will any then dare call that tyranny? Or will the cost of such dissent be too high to justify?

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