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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. I am compelled to announce that I am not posting under any Smith monikers here. That said, the post below does have a certain ring to it that sounds familiar to me: http://www.catholicnewworld.com/cnwonline/2014/0907/cardinal.aspx

  2. As an adoptive parent, I have to say this situation was as shameful as it gets. While the state government opens its wallet to the Simons and their friends, it denied payments to the most vulnerable in our state. Thanks Mitch!

  3. We as lawyers who have given up the range of First amendment freedom that other people possess, so that we can have a license to practice in the courts of the state and make gobs of money, that we agree to combat the hateful and bigoted discrimination enshrined in the law by democratic majorities, that Law Lord Posner has graciously explained for us....... We must now unhesitatingly condemn the sincerely held religious beliefs of religiously observant Catholics, Muslims, Christians, and Jewish persons alike who yet adhere to Scriptural exhortations concerning sodomites and catamites..... No tolerance will be extended to intolerance, and we must hate the haters most zealously! And in our public explanations of this constitutional garbledygook, when doing the balancing act, we must remember that the state always pushes its finger down on the individualism side of the scale at every turn and at every juncture no matter what the cost to society.....to elevate the values of a minority over the values of the majority is now the defining feature of American "Democracy..." we must remember our role in tricking Americans to think that this is desirable in spite of their own democratically expressed values being trashed. As a secular republic the United States might as well be officially atheist, religious people are now all bigots and will soon be treated with the same contempt that kluckers were in recent times..... The most important thing is that any source of moral authority besides the state be absolutely crushed.

  4. In my recent article in Indiana Lawyer, I noted that grass roots marketing -- reaching out and touching people -- is still one of the best forms of advertising today. It's often forgotten in the midst of all of today's "newer wave" marketing techniques. Shaking hands and kissing babies is what politicians have done for year and it still works. These are perfect examples of building goodwill. Kudos to these firms. Make "grass roots" an essential part of your marketing plan. Jon Quick QPRmarketing.com

  5. Hi, Who can I speak to regarding advertising today? Thanks, Gary

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