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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. Is it possible to amend an order for child support due to false paternity?

  2. He did not have an "unlicensed handgun" in his pocket. Firearms are not licensed in Indiana. He apparently possessed a handgun without a license to carry, but it's not the handgun that is licensed (or registered).

  3. Once again, Indiana's legislature proves how friendly it is to monopolies. This latest bill by Hershman demonstrates the lengths Indiana's representatives are willing to go to put big business's (especially utilities') interests above those of everyday working people. Maassal argues that if the technology (solar) is so good, it will be able to compete on its own. Too bad he doesn't feel the same way about the industries he represents. Instead, he wants to cut the small credit consumers get for using solar in order to "add a 'level of certainty'" to his industry. I haven't heard of or seen such a blatant money-grab by an industry since the days when our federal, state, and local governments were run by the railroad. Senator Hershman's constituents should remember this bill the next time he runs for office, and they should penalize him accordingly.

  4. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  5. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

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