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Opinions March 4, 2014

March 4, 2014
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The following Indiana Court of Appeals opinions were posted after IL deadline Monday:
Tanya R. Dawson v. State of Indiana, City of Indianapolis, and Indianapolis Metropolitan Police Department (NFP)
49A02-1308-MI-716
Miscellaneous. Affirms denial of motion for summary judgment in an action filed by the state, city of Indianapolis and the IMPD for forfeiture of Dawson’s 2000 Chevy Tahoe.

Federal Home Loan Mortgage Corporation v. Janice M. Stern (NFP)
82A04-1306-MF-282
Mortgage foreclosure. Reverses summary judgment in favor of Stern in the instant mortgage foreclosure action. Remands for further proceedings.

Tuesday’s opinions
Indiana Court of Appeals

Commonwealth Land Title Insurance Company v. Stephen W. Robertson, Insurance Commissioner of the State of Indiana, et. al.
49A04-1302-PL-84
Civil plenary. Affirms trial court order upholding an administrative order that Commonwealth take certain actions to cure its violations of the Rate Statute, the Unsafe Business Practices Statute and the Gross Premium Tax Statute. Concludes that substantial evidence supports the IDOI’s determination that Commonwealth violated the statutes and that the cures imposed by the IDOI for Commonwealth’s violations of these statutes are authorized by the Cure Statute.

Jermaine Christopher Scott v. State of Indiana (NFP)
45A05-1307-CR-344
Criminal. Affirms conviction of Class B felony burglary.

Randy L. Madewell v. State of Indiana (NFP)
41A05-1305-CR-254
Criminal. Affirms convictions and sentence for three counts of Class D felony home improvement fraud and three counts of Class B misdemeanor home improvement fraud.

Marcus Pernell v. State of Indiana (NFP)
49A04-1307-CR-345
Criminal. Affirms conviction of Class C felony battery and remands with instructions for the trial court to enter a correct abstract of judgment.

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

 

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  1. 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.

  2. 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.

  3. 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.

  4. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

  5. I will agree with that as soon as law schools stop lying to prospective students about salaries and employment opportunities in the legal profession. There is no defense to the fraudulent numbers first year salaries they post to mislead people into going to law school.

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