ILNews

Opinions Nov. 19, 2010

November 19, 2010
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Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Florence R. Lacy-McKinney v. Taylor Bean and Whitaker Mortgage Corp.
71A03-0912-CV-587
Civil. Reverses summary judgment in favor of Taylor Bean & Whitaker Mortgage Corp. on its action to foreclose on Lacy-McKinney’s mortgage that was insured by the Federal Housing Administration. Views the affirmative defense of noncompliance with HUD regulations as the failure of the mortgagee to satisfy a HUD-imposed condition precedent to foreclosure. To hold otherwise would circumvent the public policy of HUD. Remands for further proceedings.

Darren Witt v. State of Indiana
45A05-1005-PC-319
Post conviction. Affirms denial of petition for post-conviction relief, in which Witt challenged his sentence of life without parole imposed after pleading guilty to murder. Witt can’t prevail upon his attempt to present a free-standing claim of sentencing error and didn’t establish he was denied the effective assistance of counsel.

David A. Lanham v. State of Indiana
60A01-1003-CR-114
Criminal. Affirms convictions of Class D felony possession of marijuana and Class A infraction possession of paraphernalia. The trial court acted within its discretion in admitting the marijuana and drug paraphernalia found in Lanham’s residence.

Earl Budd v. State of Indiana
31A01-0910-PC-504
Post conviction. Grants rehearing to clarify that only sex offenders who are committed to the Department of Correction after committing new sex crimes while required to register as sex or violent offenders are no longer eligible to earn educational credit time. Affirms original opinion in all other respects.

Jeffery S. Curtis v. State of Indiana
20A03-1002-CR-110
Criminal. Affirms conviction of Class C misdemeanor operating while intoxicated. Rejects Curtis’ invitation to construe I.C. Section 9-30-5-2 such as to require separate proof of impairment of action, and impairment of thought, and loss of control of faculties because such a construction would fly in the face of clearly contrary legislative intent. Impairment is established by proof of certain behaviors and traits evincing impairment, irrespective of whether that evidence established particularized impairment of action, thought, and loss of control of faculties.

Brian Keith Thompson v. State of Indiana (NFP)
48A05-1003-CR-268
Criminal. Affirms sentence following guilty plea to Class B felony burglary and Class D felony theft.

Joseph Hackler v. State of Indiana (NFP)
49A02-1004-CR-417
Criminal. Affirms order revoking placement in community corrections.

Indiana Tax Court had posted no opinions at IL deadline.
 
 

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  1. All the lawyers involved in this don't add up to a hill of beans; mostly yes-men punching their tickets for future advancement. REMF types. Window dressing. Who in this mess was a real hero? the whistleblower that let the public know about the torture, whom the US sent to Jail. John Kyriakou. http://www.nytimes.com/2013/01/26/us/ex-officer-for-cia-is-sentenced-in-leak-case.html?_r=0 Now, considering that Torture is Illegal, considering that during Vietnam a soldier was court-martialed and imprisoned for waterboarding, why has the whistleblower gone to jail but none of the torturers have been held to account? It's amazing that Uncle Sam's sunk lower than Vietnam. But that's where we're at. An even more unjust and pointless war conducted in an even more bogus manner. this from npr: "On Jan. 21, 1968, The Washington Post ran a front-page photo of a U.S. soldier supervising the waterboarding of a captured North Vietnamese soldier. The caption said the technique induced "a flooding sense of suffocation and drowning, meant to make him talk." The picture led to an Army investigation and, two months later, the court martial of the soldier." Today, the US itself has become lawless.

  2. "Brain Damage" alright.... The lunatic is on the grass/ The lunatic is on the grass/ Remembering games and daisy chains and laughs/ Got to keep the loonies on the path.... The lunatic is in the hall/ The lunatics are in my hall/ The paper holds their folded faces to the floor/ And every day the paper boy brings more/ And if the dam breaks open many years too soon/ And if there is no room upon the hill/ And if your head explodes with dark forbodings too/ I'll see you on the dark side of the moon!!!

  3. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  4. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  5. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

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