ILNews

Opinions June 24, 2011

June 24, 2011
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Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Involuntary Commitment of S.S.
49A02-1011-MH-1251
Mental health. Affirms order for S.S.’s temporary commitment. There was no prejudice to S.S. due to the doctor’s report being filed 16 minutes after the end of her detention period. The timely filing of the report is a procedural requirement, not a jurisdiction prerequisite.  

Aaron Shields v. State of Indiana (NFP)
29A04-1009-CR-558
Criminal. Affirms conviction of Class C felony forgery.

Robert A. Hutchens v. BAC Home Loans Servicing (NFP)
29A02-1010-MF-1085
Mortgage foreclosure. Affirms summary judgment for BAC Home Loans Servicing on its foreclosure claim against Hutchens, and for Mortgage Electronic Registration Systems and Bank of America National Association as to Hutchens’ claims that the parties should have filed a satisfaction of mortgage on Hutchens’ home equity line of credit.  

Terry Allen Wagster v. State of Indiana (NFP)
45A03-1011-CR-590
Criminal. Affirms sentence following guilty plea to two counts of Class C felony exploitation of an endangered adult.

Jomisha Williams v. State of Indiana (NFP)
71A03-1011-CR-578
Criminal. Affirms conviction of Class C felony possession of cocaine.

Term. of Parent-Child Rel. of Dam.T., et al.; K.T. v. I.D.C.S. (NFP)
49A05-1010-JT-694
Juvenile. Affirms involuntary termination of parental rights.

Timothy L. Woods v. State of Indiana (NFP)
02A04-1011-CR-752
Criminal. Affirms sentence following guilty plea to Class D felony receiving stolen property.

Lee Kershaw v. State of Indiana (NFP)
10A01-1011-CR-572
Criminal. Affirms sentence for Class A felony voluntary manslaughter and Class A felony attempted voluntary manslaughter.

Fernando B. Eguia, Sr. v. State of Indiana (NFP)
01A05-1010-CR-627
Criminal. Affirms conviction of and sentence for Class D felony intimidation.

Elijah Roberson v. State of Indiana (NFP)
45A03-1011-CR-564
Criminal. Affirms sentence following guilty plea to Class A felony child molesting.

Joseph A. Taylor v. Mitch Daniels, et al. (NFP)
67A01-1011-MI-600
Miscellaneous. Reverses denial of Taylor’s amended complaint against Gov. Mitch Daniels and other defendants.

Indiana Tax Court had posted no opinions at IL deadline.

 

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  1. Whilst it may be true that Judges and Justices enjoy such freedom of time and effort, it certainly does not hold true for the average working person. To say that one must 1) take a day or a half day off work every 3 months, 2) gather a list of information including recent photographs, and 3) set up a time that is convenient for the local sheriff or other such office to complete the registry is more than a bit near-sighted. This may be procedural, and hence, in the near-sighted minds of the court, not 'punishment,' but it is in fact 'punishment.' The local sheriffs probably feel a little punished too by the overwork. Registries serve to punish the offender whilst simultaneously providing the public at large with a false sense of security. The false sense of security is dangerous to the public who may not exercise due diligence by thinking there are no offenders in their locale. In fact, the registry only informs them of those who have been convicted.

  2. Unfortunately, the court doesn't understand the difference between ebidta and adjusted ebidta as they clearly got the ruling wrong based on their misunderstanding

  3. A common refrain in the comments on this website comes from people who cannot locate attorneys willing put justice over retainers. At the same time the judiciary threatens to make pro bono work mandatory, seemingly noting the same concern. But what happens to attorneys who have the chumptzah to threatened the legal status quo in Indiana? Ask Gary Welch, ask Paul Ogden, ask me. Speak truth to power, suffer horrendously accordingly. No wonder Hoosier attorneys who want to keep in good graces merely chase the dollars ... the powers that be have no concerns as to those who are ever for sale to the highest bidder ... for those even willing to compromise for $$$ never allow either justice or constitutionality to cause them to stand up to injustice or unconstitutionality. And the bad apples in the Hoosier barrel, like this one, just keep rotting.

  4. I am one of Steele's victims and was taken for $6,000. I want my money back due to him doing nothing for me. I filed for divorce after a 16 year marriage and lost everything. My kids, my home, cars, money, pension. Every attorney I have talked to is not willing to help me. What can I do? I was told i can file a civil suit but you have to have all of Steelers info that I don't have. Of someone can please help me or tell me what info I need would be great.

  5. It would appear that news breaking on Drudge from the Hoosier state (link below) ties back to this Hoosier story from the beginning of the recent police disrespect period .... MCBA president Cassandra Bentley McNair issued the statement on behalf of the association Dec. 1. The association said it was “saddened and disappointed” by the decision not to indict Ferguson police officer Darren Wilson for shooting Michael Brown. “The MCBA does not believe this was a just outcome to this process, and is disheartened that the system we as lawyers are intended to uphold failed the African-American community in such a way,” the association stated. “This situation is not just about the death of Michael Brown, but the thousands of other African-Americans who are disproportionately targeted and killed by police officers.” http://www.thestarpress.com/story/news/local/2016/07/18/hate-cops-sign-prompts-controversy/87242664/

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