ILNews

Opinions March 21, 2014

March 21, 2014
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Indiana Court of Appeals
Nathan Wertz v. Asset Acceptance, LLC.
71A03-1305-CC-175
Civil Collection. Affirms trial court’s dismissal of Wertz’s counterclaim against Asset Acceptance, LLC. Finds that the Indiana Uniform Consumer Credit Code’s licensure requirement does not apply to Asset because it does not have a physical location in Indiana. Since Asset is not required to obtain a license under IUCCC, Wertz’s claims that Asset violated the Indiana Deceptive Consumer Sales Act and the federal Fair Debt Collection Practices Act cannot stand.  

Henry D. Hull v. State of Indiana (NFP)
27A02-1305-CR-471
Criminal. Affirms conviction of Class D felony possession of marijuana.

Darrell Turner, Jr. v. State of Indiana (NFP)
41A01-1306-CR-290
Criminal. Affirms conviction of Class D felony operating a vehicle while intoxicated.

Justin D. Coates v. State of Indiana (NFP)
82A01-1305-CR-246
Criminal. Affirms convictions of three counts of Class B felony criminal confinement and one count of Class D felony obstruction of justice.

In the Matter of the Termination of the Parent-Child Relationship of: J.W.K., R.K., J.N.K., B.K., and J.K., Minor Children, and S.K., Mother v. Indiana Department of Child Services (NFP)
75A05-1307-JT-368
Juvenile. Affirms termination of mother’s parental rights.

State of Indiana v. Stephen Floyd Smith (NFP)
71A03-1303-CR-88
Affirms partial grant of Smith’s motion for discharge of a charge of Class D felony domestic battery pursuant to Criminal Rule 4(C); affirms denial of discharge of a later-added count of Class A misdemeanor battery; and remands for proceedings on the misdemeanor battery count.
 
David A. Shane v. Sheila Shane (NFP)
18A04-1308-DR-439
Domestic relation. Dismisses appeal of denial of a prisoner’s petition to eliminate child support arrearage for a child who died in a fire in 2006 as untimely. Judge Edward Najam wrote the opinion; Judge Terry Crone concurred in the result without opinion; and Judge John Baker dissented, holding that he would affirm the trial court on the merits but disagreed with the majority conclusion that the court lacked subject matter jurisdiction.

Barbara Loomis v. James Loomis (NFP)
45A03-1307-DR-252
Domestic relation. Affirms trial court determination husband did not breach a mediated agreement and denial of wife’s request for interest, damages and fees, and denies husband’s request for appellate attorney fees.

Brady D. Ericson and Tiffany J. Ericson v. Bloomfield State Bank (NFP)
53A04-1307-MF-376
Mortgage foreclosure. Affirms denial of the Ericsons’ motion for relief from summary judgment in favor of Bloomfield State Bank.
 
Kathy Jo Hill v. State of Indiana (NFP)
92A05-1308-CR-430
Criminal. Affirms revocation of probation.

The Indiana Supreme Court and Tax Court posted no opinions prior to IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions prior to IL deadline.
 

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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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