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Opinions May 14, 2014

May 14, 2014
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Indiana Supreme Court
State of Indiana v. Tammy Sue Harper
79S02-1405-CR-334
Criminal. Affirms grant of Harper’s motion for a sentence modification sought more than 365 days after she was originally sentenced. The prosecutor’s conduct and communications adequately conveyed the “approval of the prosecuting attorney” required in I.C. 35-38-1-17(b).

Indiana Court of Appeals
Kenneth B. Hutslar v. State of Indiana (NFP)
38A02-1310-CR-877
Criminal. Affirms conviction of Class A misdemeanor possession of a cellular telephone or device while incarcerated.

Wachovia Bank N.A., as Trustee for the Registered Holders of GSRPM 2004-1 Mortgage Pass-Through Certificates v. Yevonne Corpening a/k/a Yevonne R. Corpening; Sovereign Bank, et. al. (NFP)

49A04-1308-MF-397
Mortgage foreclosure.  Reverses trial court judgment that determined Wachovia is not an equitable assignee of a mortgage despite the fact the bank held a note corresponding to the mortgage.

In re the Matter of the Guardianship and Estate of Jay Carver, an adult v. Margaret Ditteon (NFP)
84A01-1309-GU-409
Guardianship. Affirms denial of Carver’s request that the guardianship be terminated or a different guardian be appointed.

Richard A. Perkey v. State of Indiana (NFP)
20A03-1303-CR-77
Criminal. Grants rehearing to address claims of prosecutorial misconduct and affirms Perkey’s Class B felony rape conviction.

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

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  1. Major social engineering imposed by judicial order well in advance of democratic change, has been the story of the whole post ww2 period. Contraception, desegregation, abortion, gay marriage: all rammed down the throats of Americans who didn't vote to change existing laws on any such thing, by the unelected lifetime tenure Supreme court heirarchs. Maybe people came to accept those things once imposed upon them, but, that's accommodation not acceptance; and surely not democracy. So let's quit lying to the kids telling them this is a democracy. Some sort of oligarchy, but no democracy that's for sure, and it never was. A bourgeois republic from day one.

  2. JD Massur, yes, brings to mind a similar stand at a Texas Mission in 1836. Or Vladivostok in 1918. As you seemingly gloat, to the victors go the spoils ... let the looting begin, right?

  3. I always wondered why high fence deer hunting was frowned upon? I guess you need to keep the population steady. If you don't, no one can enjoy hunting! Thanks for the post! Fence

  4. Whether you support "gay marriage" or not is not the issue. The issue is whether the SCOTUS can extract from an unmentionable somewhere the notion that the Constitution forbids government "interference" in the "right" to marry. Just imagine time-traveling to Philadelphia in 1787. Ask James Madison if the document he and his fellows just wrote allowed him- or forbade government to "interfere" with- his "right" to marry George Washington? He would have immediately- and justly- summoned the Sergeant-at-Arms to throw your sorry self out into the street. Far from being a day of liberation, this is a day of capitulation by the Rule of Law to the Rule of What's Happening Now.

  5. With today's ruling, AG Zoeller's arguments in the cases of Obamacare and Same-sex Marriage can be relegated to the ash heap of history. 0-fer

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