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Opinions Sept. 11, 2012

September 11, 2012
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7th Circuit Court of Appeals released no Indiana opinions by IL deadline.

Indiana Supreme Court and Indiana Tax Court released no opinions by IL deadline.


Indiana Court of Appeals
Phillip A. Collins v. HSBC Bank USA, National Association, as Trustee for Home Equity Loan Trust Series Act 2004-HE3
45A03-1111-MF-600
Mortgage foreclosure. Affirms summary judgment in favor of HSBC, holding that Collins is estopped from asserting claims previously lost and litigated.

Term. of Parent-Child Rel. of: Z.G. (Minor Child), and D.G. (Father), and T.S. (Mother) v. The Indiana Dept. of Child Services (NFP)
79A02-1202-JT-102
Juvenile/termination of parental rights. Affirms termination of parental rights for each parent.

Pac-Van, Inc. v. Wekiva Falls Resort
49A02-1204-CT-337
Civil tort. Reverse and remands a judgment for post-judgment interest and attorney fees, reducing the amount owed to Wekiva Falls, holding that the amount owed was based on the time between the judgment and the payment, and not the time until the court calculates the amount of post-judgment interest owed.

Term. of Parent-Child Rel. of: Q.M. and E.M., Minor Children, B.M., Father v. Indiana Dept. of Child Services
15A05-1112-JT-706
Juvenile/termination of parental rights. Reverses and remands termination of father’s parental rights, holding that the trial court erred in terminating rights because the Department of Child Services failed to satisfy the mandates of I.C. § 31-35-2-4(b)(2)(A).

Aaron Young v. State of Indiana
71A05-1111-CR-650
Criminal. Affirms conviction of Class A felony child molestation but reverses and remands the supplemental sentencing order that classifies Young as a credit-restricted felon.

Brittany L. McConniel v. State of Indiana
18A02-1108-CR-733
Criminal. Affirms conviction and sentence for Class A felony neglect of a dependent resulting in death, holding that the nature of the offense and the character of the offender revealed by the evidence presented leads to the conclusion that the sentence imposed by the trial court is not inappropriate.

J.Z. v. State of Indiana (NFP)
49A02-1202-JV-132
Juvenile. Affirms adjudication of delinquency.

J.G. v. State of Indiana (NFP)
49A02-1201-JV-17
Juvenile. Affirms adjudication of delinquency.

Argelio Gonzales v. State of Indiana (NFP)
09A02-1202-CR-92
Criminal. Affirms trial court order denying motion for sentence reduction.

Joseph V. Haas v. State of Indiana (NFP)
42A05-1202-CR-80
Criminal. Affirms revocation of probation.

William Adams and Patricia Adams v. Chase Home Finance, LLC (NFP)
18A02-1202-MF-96
Mortgage foreclosure. Affirms summary judgment in favor of Chase.

Dennis Yerk v. State of Indiana (NFP)
91A02-1111-CR-1056
Criminal. Affirms Class D felony conviction of killing a domestic animal.
 
Lake County Trust Co., as Trustee for Lake County Trust 5434 v. United Consumers Club, Inc. (NFP)
45A03-1111-PL-527
Civil plenary. Reverses summary judgment for the trust, holding that the trust did not have standing to sue.

In the Matter of a Minor Child in Need of Services, T.C., Minor Child, M.C., Mother v. Indiana Dept. of Child Services (NFP)
85A02-1202-JC-139
Juvenile custody. Affirms adjudication of T.C. as a child in need of services.

 Robert A. Lesure v. State of Indiana (NFP)
18A02-1202-CR-87
Criminal. Affirms convictions and sentence for Class B felony robbery, and Class C felony intimidation.

Zimmer, Inc. and Zimmer Dental, Inc. v. Jason Young, Renae Salvitti, and Implant Direct Sybron Manufacturing, LLC d/b/a Implant Direct Sybron Intl. (NFP)
02A03-1112-CT-548
Civil tort. Affirms on interlocutory appeal the trial court’s denial of Zimmer’s request for additional injunctive relief.
 

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  1. Why in the world would someone need a person to correct a transcript when a realtime court reporter could provide them with a transcript (rough draft) immediately?

  2. This article proved very enlightening. Right ahead of sitting the LSAT for the first time, I felt a sense of relief that a score of 141 was admitted to an Indiana Law School and did well under unique circumstances. While my GPA is currently 3.91 I fear standardized testing and hope that I too will get a good enough grade for acceptance here at home. Thanks so much for this informative post.

  3. No, Ron Drake is not running against incumbent Larry Bucshon. That’s totally wrong; and destructively misleading to say anything like that. All political candidates, including me in the 8th district, are facing voters, not incumbents. You should not firewall away any of voters’ options. We need them all now more than ever. Right? Y’all have for decades given the Ds and Rs free 24/7/365 coverage of taxpayer-supported promotion at the expense of all alternatives. That’s plenty of head-start, money-in-the-pocket advantage for parties and people that don’t need any more free immunities, powers, privileges and money denied all others. Now it’s time to play fair and let voters know that there are, in fact, options. Much, much better, and not-corrupt options. Liberty or Bust! Andy Horning Libertarian for IN08 USA House of Representatives Freedom, Indiana

  4. A great idea! There is absolutely no need to incarcerate HRC's so-called "super predators" now that they can be adequately supervised on the streets by the BLM czars.

  5. One of the only qualms I have with this article is in the first paragraph, that heroin use is especially dangerous because it is highly addictive. All opioids are highly addictive. It is why, after becoming addicted to pain medications prescribed by their doctors for various reasons, people resort to heroin. There is a much deeper issue at play, and no drug use should be taken lightly in this category.

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