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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. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

  2. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  3. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  4. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  5. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

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