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Opinions May 24, 2012

May 24, 2012
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7th Circuit Court of Appeals posted no Indiana opinions at IL deadline.

Indiana Supreme Court and Indiana Tax Court posted no opinions at IL deadline.

Indiana Court of Appeals

Finance Center Federal Credit Union v. Ronnie D. Brand, Debora J. Brand and GMAC Mortgage, LLC
49A02-1111-MF-1089
Mortgage foreclosure. Affirms partial summary judgment in favor of GMAC regarding the priority of the GMAC Mortgage and Finance Center Federal Credit Union mortgages. Equity should not allow the Finance Center to gain an unexpectedly elevated priority because of any negligence of GMAC that did not harm Finance Center.

Samantha Adams v. State of Indiana
49A05-1107-CR-372
Criminal. Affirms denial of motion to dismiss. The trial court did not deny Adams due process in denying her motions to dismiss her dealing and possession of marijuana charges. Finds the definition of marijuana is not vague and Indiana Code 35-48-4-11 is not unconstitutional.

Term. of Parent-Child Rel. of K.N., C.M., and K.M.; M.M. (Mother) and C.M. (Father) v. The Indiana Department of Child Services (NFP)
79A04-1109-JT-541
Juvenile. Affirms involuntary termination of parental rights.

Charles Hunter v. State of Indiana (NFP)
49A02-1111-CR-1000
Criminal. Affirms revocation of probation and imposition of the five-year suspended portion of Hunter’s sentence.

Christopher Master v. State of Indiana (NFP)
65A01-1108-CR-361
Criminal. Affirms sentence for Class B felonies rape and criminal deviate conduct.

Darryl Anderson v. State of Indiana (NFP)
49A02-1107-CR-601
Criminal. Affirms convictions of Class B felony rape, Class C felony criminal confinement and Class A misdemeanor battery.

David West v. State of Indiana (NFP)
18A02-1111-CR-1013
Criminal. Affirms sentence imposed following revocation of probation.

Bret Beiler v. State of Indiana (NFP)
38A02-1109-CR-839
Criminal. Affirms convictions of Class B misdemeanor public intoxication and Class A misdemeanor resisting law enforcement.

In Re the Paternity of B.C., M.L. v. D.N., Jr. (NFP)
05A02-1110-JP-964
Juvenile. Reverses decision to set aside paternity affidavit executed by D.C. and N.E. and the May 26, 2009, paternity order.

John W. Mitchell v. American Acceptance Co., LLC, as Assignee of Chase Bank USA, N.A. (NFP)
02A03-1108-CC-366
Civil collection. Affirms grant of summary judgment to American Acceptance Co. on its complaint for collection of credit card debt.

Joshua M. Santiago v. State of Indiana (NFP)
10A01-1109-CR-493
Criminal. Affirms convictions of and sentence for Class B felonies stalking and burglary, Class D felony intimidation, Class A misdemeanors invasion of privacy, battery and resisting law enforcement, Class B misdemeanor criminal mischief, and adjudication as a habitual offender.

 

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  1. Video pen? Nice work, "JW"! Let this be a lesson and a caution to all disgruntled ex-spouses (or soon-to-be ex-spouses) . . . you may think that altercation is going to get you some satisfaction . . . it will not.

  2. First comment on this thread is a fitting final comment on this thread, as that the MCBA never answered Duncan's fine question, and now even Eric Holder agrees that the MCBA was in material error as to the facts: "I don't get it" from Duncan December 1, 2014 5:10 PM "The Grand Jury met for 25 days and heard 70 hours of testimony according to this article and they made a decision that no crime occurred. On what basis does the MCBA conclude that their decision was "unjust"? What special knowledge or evidence does the MCBA have that the Grand Jury hearing this matter was unaware of? The system that we as lawyers are sworn to uphold made a decision that there was insufficient proof that officer committed a crime. How can any of us say we know better what was right than the jury that actually heard all of the the evidence in this case."

  3. wow is this a bunch of bs! i know the facts!

  4. MCBA .... time for a new release about your entire membership (or is it just the alter ego) being "saddened and disappointed" in the failure to lynch a police officer protecting himself in the line of duty. But this time against Eric Holder and the Federal Bureau of Investigation: "WASHINGTON — Justice Department lawyers will recommend that no civil rights charges be brought against the police officer who fatally shot an unarmed teenager in Ferguson, Mo., after an F.B.I. investigation found no evidence to support charges, law enforcement officials said Wednesday." http://www.nytimes.com/2015/01/22/us/justice-department-ferguson-civil-rights-darren-wilson.html?ref=us&_r=0

  5. Dr wail asfour lives 3 hours from the hospital,where if he gets an emergency at least he needs three hours,while even if he is on call he should be in a location where it gives him max 10 minutes to be beside the patient,they get paid double on their on call days ,where look how they handle it,so if the death of the patient occurs on weekend and these doctors still repeat same pattern such issue should be raised,they should be closer to the patient.on other hand if all the death occured on the absence of the Dr and the nurses handle it,the nurses should get trained how to function appearntly they not that good,if the Dr lives 3 hours far from the hospital on his call days he should sleep in the hospital

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