ILNews

Opinions May 17, 2011

May 17, 2011
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Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Citimortgage, Inc. v. Shannon S. Barabas, et al.
48A04-1004-CC-232
Civil collection. Affirms grant of amended default judgment in favor of ReCasa Financial Group and Rick Sanders. The trial court did not abuse its discretion when it found that Indiana Code Section 32-29-8-3 precluded Citimortgage’s claim because Citimortgage failed to intervene more than a year after it first acquired interest in the property. When Irwin Mortgage filed a petition and disclaimed its interest in the foreclosure, MERS, as mere nominee and holder of nothing more than bare legal title to the mortgage, did not have an enforceable right under the mortgage separate from the interest held by Irwin Mortgage. Judge Brown dissents.

R.P. & L.P., Alleged to be C.H.I.N.S.; N.P. v. I.D.C.S.
84A05-1010-JC-650
Juvenile. Affirms findings that the children are children in need of services. The trial court had jurisdiction even though it failed to conduct a fact-finding hearing within the 60-day statutory time limit. The Department of Child Services produced sufficient evidence to prove by a preponderance of the evidence that R.P. and L.P. are CHINS. The trial court’s findings did not violate the mother’s right to procedural due process.

Ronald E. Lewis v. State of Indiana (NFP)
87A04-1008-CR-535
Criminal. Affirms in part the denial of credit time. Reverses in part as it appears Lewis didn’t receive credit time for one day and remands to the trial court to credit him with one additional day of time served while confined awaiting sentencing for another case.  

Jill (Lambert) Fox v. Jeffrey Lambert (NFP)
32A01-1010-DR-524
Domestic relation. Affirms trial court’s findings of fact, conclusions of law and judgment, finding Jill Fox in contempt and extending parenting time in favor of Jeffrey Lambert.

Shonk Electric, Inc. v. Siemens Medical Solutions USA, Inc. (NFP)
55A05-1009-CC-554
Civil collection. Affirms entry of summary judgment in favor of Siemens and award of attorney fees in favor of Siemens. Remands for the trial court to determine Siemens’ appellate attorney fees.

David H. Brown v. State of Indiana (NFP)
29A02-1009-CR-1100
Criminal. Affirms sentence following guilty plea but mentally ill to two counts of child molesting, one as a Class A felony, one as a Class C felony.

Deborah P. Keever v. State of Indiana (NFP)
57A03-1010-CR-525
Criminal. Affirms conviction of Class A misdemeanor false informing.

Indiana Tax Court had posted no opinions at IL deadline.
 

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  1. Unlike the federal judge who refused to protect me, the Virginia State Bar gave me a hearing. After the hearing, the Virginia State Bar refused to discipline me. VSB said that attacking me with the court ADA coordinator had, " all the grace and charm of a drive-by shooting." One does wonder why the VSB was able to have a hearing and come to that conclusion, but the federal judge in Indiana slammed the door of the courthouse in my face.

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  3. I agree. My husband has almost the exact same situation. Age states and all.

  4. Thanks Jim. We surprised ourselves with the first album, so we did a second one. We are releasing it 6/30/17 at the HiFi. The reviews so far are amazing! www.itsjustcraig.com Skope Mag: It’s Just Craig offers a warm intimacy with the tender folk of “Dark Corners”. Rather lovely in execution, It’s Just Craig opts for a full, rich sound. Quite ornate instrumentally, the songs unfurl with such grace and style. Everything about the album feels real and fully lived. By far the highlight of the album are the soft smooth reassuring vocals whose highly articulate lyrics have a dreamy quality to them. Stories emerge out of these small snapshots of reflective moments.... A wide variety of styles are utilized, with folk anchoring it but allowing for chamber pop, soundtrack work, and found electronics filtering their way into the mix. Without a word, It’s Just Craig sets the tone of the album with the warble of “Intro”. From there things get truly started with the hush of “Go”. Building up into a great structure, “Go” has a kindness to it. Organs glisten in the distance on the fragile textures of “Alone” whose light melody adds to the song’s gorgeousness. A wonderful bloom of color defines the spaciousness of “Captain”. Infectious grooves take hold on the otherworldly origins of “Goodnight” with precise drum work giving the song a jazzy feeling. Hazy to its very core is the tragedy of “Leaving Now”. By far the highlight of the album comes with the closing impassioned “Thirty-Nine” where many layers of sound work together possessing a poetic quality.

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