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.
on Facebook & Twitter
Back to Top
Never heard of remand to another state. How often does that happen?
I highly recommend Deanna and her team of professionals that serve the legal community. Great information and many thanks for sharing.
they are pushing these cases against lawyers too far. thought-crime.
vagueness cannot challenged, so let's write all laws vaguely and throw the constitution out the window.Even if the court is operating under a particular law, if they don't it they will change it to their liking. What a joke!!!
Two convictions becomes one conviction with exactly the same sentence, only it is not clear wheter or not that sentence will be 18 months, 120 months or 138 months. Actually if the guns were in a home, whether or not they were his, he is protected under the 2nd amendment. Jurors need to learn the law and the constitution before judging others. The cour5ts need to do this as well.