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Opinions Oct. 29, 2012

October 29, 2012
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The following are not-for-publication opinions released by IL deadline.

Indiana Court of Appeals
Betty J. Angel v. Kent H. Powelson and Marjorie A. Powelson
82A04-1205-PL-292
Civil plenary. Affirms order granting part of the Powelsons’ summary judgment motion on Angel’s claims of reformation of a deed and adverse possession. The undisputed evidence shows that both Angel and the Powelsons were granted an easement to use the roadway and both used it for ingress and egress purposes. The evidence also supports Angel’s claim for reformation of a deed is barred by laches.

Shiloh Jones v. State of Indiana
49A04-1202-CR-74
Criminal. Vacates the convictions and sentences for Class A misdemeanors battery and domestic battery due to double jeopardy and affirms conviction and sentence for Class D felony domestic battery. Jones’ conviction for criminal confinement did not violate the prohibition against double jeopardy. The amended sentence imposed by the judge and comments by the prosecutor did not constitute fundamental error.

Aaron Shelton v. State of Indiana (NFP)
02A05-1112-CR-665
Criminal. Affirms convictions of one count of possession of methamphetamine and two counts of possession of a controlled substance, all Class D felonies.

Cheryl E. Webb f/k/a Cheryl E. Wilder and G. Cameron Taylor v. The Bank of New York Mellon (NFP)
49A02-1112-MF-1142
Mortgage foreclosure. Affirms order denying Wilder’s and Taylor’s motion for summary judgment and the grant of summary judgment in favor of the bank. Remands with instructions that the trial court recalculate the amount to award to the bank consistent with this opinion. Chief Judge Margret Robb dissents.
 

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  1. "...not those committed in the heat of an argument." If I ever see a man physically abusing a woman or a child and I'm close enough to intercede I will not ask him why he is abusing her/him. I will give him a split second to cease his attack and put his hands in the air while I call the police. If he continues, I will still call the police but to report, "Man down with a gunshot wound,"instead.

  2. And so the therapeutic state is weaonized. How soon until those with ideologies opposing the elite are disarmed in the name of mental health? If it can start anywhere it can start in the hoosiers' slavishly politically correct capital city.

  3. So this firebrand GOP Gov was set free by a "unanimous Supreme Court" , a court which is divided, even bitterly, on every culture war issue. WHAT A RESOUNDING SLAP in the Virginia Court's face! How bad must it have been. And all the journalists, lap dogs of the status quo they are, can do is howl that others cannot be railroaded like McDonald now??? Cannot reflect upon the ruining of Winston and Julia's life and love? (Oh I forget, the fiction at this Ministry of Truth is that courts can never err, and when they do, and do greatly, as here, why then it must be ignored, since it does not compute.)

  4. My daughter is a addict and my grandson was taken by DCS and while in hospital for overdose my daughter was told to sign papers from DCS giving up her parental rights of my grandson to the biological father's mom and step-dad. These people are not the best to care for him and I was never called or even given the chance to take him, but my daughter had given me guardianship but we never went to court to finalize the papers. Please I have lost my daughter and I dont want to lose my grandson as well. I hope and look forward to speaking with you God Bless and Thank You for all of your help

  5. To Bob- Goooooood, I'm glad you feel that way! He's alive and happy and thriving and out and I'm his woman and we live in West Palm Beach Florida, where his parents have a sprawling estate on an exclusive golf course......scum bag

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