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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. I'm not sure what's more depressing: the fact that people would pay $35,000 per year to attend an unaccredited law school, or the fact that the same people "are hanging in there and willing to follow the dean’s lead in going forward" after the same school fails to gain accreditation, rendering their $70,000 and counting education worthless. Maybe it's a good thing these people can't sit for the bar.

  2. Such is not uncommon on law school startups. Students and faculty should tap Bruce Green, city attorney of Lufkin, Texas. He led a group of studnets and faculty and sued the ABA as a law student. He knows the ropes, has advised other law school startups. Very astute and principled attorney of unpopular clients, at least in his past, before Lufkin tapped him to run their show.

  3. Not that having the appellate records on Odyssey won't be welcome or useful, but I would rather they first bring in the stray counties that aren't yet connected on the trial court level.

  4. Aristotle said 350 bc: "The most hated sort, and with the greatest reason, is usury, which makes a gain out of money itself, and not from the natural object of it. For money was intended to be used in exchange, but not to increase at interest. And this term interest, which means the birth of money from money, is applied to the breeding of money because the offspring resembles the parent. Wherefore of an modes of getting wealth this is the most unnatural.

  5. Oh yes, lifetime tenure. The Founders gave that to the federal judges .... at that time no federal district courts existed .... so we are talking the Supreme Court justices only in context ....so that they could rule against traditional marriage and for the other pet projects of the sixties generation. Right. Hmmmm, but I must admit, there is something from that time frame that seems to recommend itself in this context ..... on yes, from a document the Founders penned in 1776: " He has refused his Assent to Laws, the most wholesome and necessary for the public good."

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