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
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
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)
Juvenile. Affirms involuntary termination of parental rights.

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

Christopher Master v. State of Indiana (NFP)
Criminal. Affirms sentence for Class B felonies rape and criminal deviate conduct.

Darryl Anderson v. State of Indiana (NFP)
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)
Criminal. Affirms sentence imposed following revocation of probation.

Bret Beiler v. State of Indiana (NFP)
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)
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)
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)
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. If a class action suit or other manner of retribution is possible, count me in. I have email and voicemail from the man. He colluded with opposing counsel, I am certain. My case was damaged so severely it nearly lost me everything and I am still paying dearly.

  2. There's probably a lot of blame that can be cast around for Indiana Tech's abysmal bar passage rate this last February. The folks who decided that Indiana, a state with roughly 16,000 to 18,000 attorneys, needs a fifth law school need to question the motives that drove their support of this project. Others, who have been "strong supporters" of the law school, should likewise ask themselves why they believe this institution should be supported. Is it because it fills some real need in the state? Or is it, instead, nothing more than a resume builder for those who teach there part-time? And others who make excuses for the students' poor performance, especially those who offer nothing more than conspiracy theories to back up their claims--who are they helping? What evidence do they have to support their posturing? Ultimately, though, like most everything in life, whether one succeeds or fails is entirely within one's own hands. At least one student from Indiana Tech proved this when he/she took and passed the February bar. A second Indiana Tech student proved this when they took the bar in another state and passed. As for the remaining 9 who took the bar and didn't pass (apparently, one of the students successfully appealed his/her original score), it's now up to them (and nobody else) to ensure that they pass on their second attempt. These folks should feel no shame; many currently successful practicing attorneys failed the bar exam on their first try. These same attorneys picked themselves up, dusted themselves off, and got back to the rigorous study needed to ensure they would pass on their second go 'round. This is what the Indiana Tech students who didn't pass the first time need to do. Of course, none of this answers such questions as whether Indiana Tech should be accredited by the ABA, whether the school should keep its doors open, or, most importantly, whether it should have even opened its doors in the first place. Those who promoted the idea of a fifth law school in Indiana need to do a lot of soul-searching regarding their decisions. These same people should never be allowed, again, to have a say about the future of legal education in this state or anywhere else. Indiana already has four law schools. That's probably one more than it really needs. But it's more than enough.

  3. This man Steve Hubbard goes on any online post or forum he can find and tries to push his company. He said court reporters would be obsolete a few years ago, yet here we are. How does he have time to search out every single post about court reporters and even spy in private court reporting forums if his company is so successful???? Dude, get a life. And back to what this post was about, I agree that some national firms cause a huge problem.

  4. rensselaer imdiana is doing same thing to children from the judge to attorney and dfs staff they need to be investigated as well

  5. Sex offenders are victims twice, once when they are molested as kids, and again when they repeat the behavior, you never see money spent on helping them do you. That's why this circle continues