ILNews

Opinions May 17, 2011

May 17, 2011
Keywords
Back to TopE-mailPrintBookmark and Share

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.
 

ADVERTISEMENT

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Hail to our Constitutional Law Expert in the Executive Office! “What you’re not paying attention to is the fact that I just took an action to change the law,” Obama said.

  2. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  3. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  4. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  5. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

ADVERTISEMENT