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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. I can understand a 10 yr suspension for drinking and driving and not following the rules,but don't you think the people who compleate their sentences and are trying to be good people of their community,and are on the right path should be able to obtain a drivers license to do as they please.We as a state should encourage good behavior instead of saying well you did all your time but we can't give you a license come on.When is a persons time served than cause from where I'm standing,its still a punishment,when u can't have the freedom to go where ever you want to in car,truck ,motorcycle,maybe their should be better programs for people instead of just throwing them away like daily trash,then expecting them to change because they we in jail or prison for x amount of yrs.Everyone should look around because we all pay each others bills,and keep each other in business..better knowledge equals better community equals better people...just my 2 cents

  2. I was wondering about the 6 million put aside for common attorney fees?does that mean that if you are a plaintiff your attorney fees will be partially covered?

  3. My situation was hopeless me and my husband was on the verge of divorce. I was in a awful state and felt that I was not able to cope with life any longer. I found out about this great spell caster drlawrencespelltemple@hotmail.com and tried him. Well, he did return and now we are doing well again, more than ever before. Thank you so much Drlawrencespelltemple@hotmail.comi will forever be grateful to you Drlawrencespelltemple@hotmail.com

  4. I expressed my thought in the title, long as it was. I am shocked that there is ever immunity from accountability for ANY Government agency. That appears to violate every principle in the US Constitution, which exists to limit Government power and to ensure Government accountability. I don't know how many cases of legitimate child abuse exist, but in the few cases in which I knew the people involved, in every example an anonymous caller used DCS as their personal weapon to strike at innocent people over trivial disagreements that had no connection with any facts. Given that the system is vulnerable to abuse, and given the extreme harm any action by DCS causes to families, I would assume any degree of failure to comply with the smallest infraction of personal rights would result in mandatory review. Even one day of parent-child separation in the absence of reasonable cause for a felony arrest should result in severe penalties to those involved in the action. It appears to me, that like all bureaucracies, DCS is prone to interpret every case as legitimate. This is not an accusation against DCS. It is a statement about the nature of bureaucracies, and the need for ADDED scrutiny of all bureaucratic actions. Frankly, I question the constitutionality of bureaucracies in general, because their power is delegated, and therefore unaccountable. No Government action can be unaccountable if we want to avoid its eventual degeneration into irrelevance and lawlessness, and the law of the jungle. Our Constitution is the source of all Government power, and it is the contract that legitimizes all Government power. To the extent that its various protections against intrusion are set aside, so is the power afforded by that contract. Eventually overstepping the limits of power eliminates that power, as a law of nature. Even total tyranny eventually crumbles to nothing.

  5. Being dedicated to a genre keeps it alive until the masses catch up to the "trend." Kent and Bill are keepin' it LIVE!! Thank you gentlemen..you know your JAZZ.

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