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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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  2. Hail to our Constitutional Law Expert in the Executive Office! “What you’re not paying attention to is the fact that I just took an action to change the law,” Obama said.

  3. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  4. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  5. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

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