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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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  2. Indianapolis Bar Association President John Trimble and I are on the same page, but it is a very large page with plenty of room for others to join us. As my final Res Gestae article will express in more detail in a few days, the Great Recession hastened a fundamental and permanent sea change for the global legal service profession. Every state bar is facing the same existential questions that thrust the medical profession into national healthcare reform debates. The bench, bar, and law schools must comprehensively reconsider how we define the practice of law and what it means to access justice. If the three principals of the legal service profession do not recast the vision of their roles and responsibilities soon, the marketplace will dictate those roles and responsibilities without regard for the public interests that the legal profession professes to serve.

  3. I have met some highly placed bureaucrats who vehemently disagree, Mr. Smith. This is not your father's time in America. Some ideas are just too politically incorrect too allow spoken, says those who watch over us for the good of their concept of order.

  4. Lets talk about this without forgetting that Lawyers, too, have FREEDOM OF SPEECH AND ASSOCIATION

  5. Baer filed with the U.S. Court of Appeals Seventh Circuit on April 30 2015. When will this be decided? How many more appeals does this guy have? Unbelievable this is dragging on like this.

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