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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. Andrew, you are a whistleblower against an ideologically corrupt system that is also an old boys network ... Including old gals .... You are a huge threat to them. Thieves, liars, miscreants they understand, identify with, coddle. But whistleblowers must go to the stake. Burn well my friend, burn brightly, tyger.

  2. VSB dismissed the reciprocal discipline based on what Indiana did to me. Here we have an attorney actually breaking ethical rules, dishonest behavior, and only getting a reprimand. I advocated that this supreme court stop discriminating against me and others based on disability, and I am SUSPENDED 180 days. Time to take out the checkbook and stop the arrogant cheating to hurt me and retaliate against my good faith efforts to stop the discrimination of this Court. www.andrewstraw.org www.andrewstraw.net

  3. http://www.andrewstraw.org http://www.andrewstraw.net If another state believes by "Clear and convincing evidence" standard that Indiana's discipline was not valid and dismissed it, it is time for Curtis Hill to advise his clients to get out the checkbook. Discrimination time is over.

  4. Congrats Andrew, your street cred just shot up. As for me ... I am now an administrative law judge in Kansas, commissioned by the Governor to enforce due process rights against overreaching government agents. That after being banished for life from the Indiana bar for attempting to do the same as a mere whistleblowing bar applicant. The myth of one lowly peasant with the constitution does not play well in the Hoosier state. As for what our experiences have in common, I have good reason to believe that the same ADA Coordinator who took you out was working my file since 2007, when the former chief justice hired the same, likely to "take out the politically incorrect trash" like me. My own dealings with that powerful bureaucrat and some rather astounding actions .. actions that would make most state courts blush ... actions blessed in full by the Ind.S.Ct ... here: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

  5. I presented my defense against discipline to the Virginia State Bar this morning and the 26-member Board of Discipline 100% rejected what Indiana has done to me, including what Ahler did. Discipline DISMISSED.

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