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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. I work with some older lawyers in the 70s, 80s, and they are sharp as tacks compared to the foggy minded, undisciplined, inexperienced, listless & aimless "youths" being churned out by the diploma mill law schools by the tens of thousands. A client is generally lucky to land a lawyer who has decided to stay in practice a long time. Young people shouldn't kid themselves. Experience is golden especially in something like law. When you start out as a new lawyer you are about as powerful as a babe in the cradle. Whereas the silver halo of age usually crowns someone who can strike like thunder.

  2. YES I WENT THROUGH THIS BEFORE IN A DIFFERENT SITUATION WITH MY YOUNGEST SON PEOPLE NEED TO LEAVE US ALONE WITH DCS IF WE ARE NOT HURTING OR NEGLECT OUR CHILDREN WHY ARE THEY EVEN CALLED OUT AND THE PEOPLE MAKING FALSE REPORTS NEED TO GO TO JAIL AND HAVE A CLASS D FELONY ON THERE RECORD TO SEE HOW IT FEELS. I WENT THREW ALOT WHEN HE WAS TAKEN WHAT ELSE DOES THESE SCHOOL WANT ME TO SERVE 25 YEARS TO LIFE ON LIES THERE TELLING OR EVEN LE SAME THING LIED TO THE COUNTY PROSECUTOR JUST SO I WOULD GET ARRESTED AND GET TIME HE THOUGHT AND IT TURNED OUT I DID WHAT I HAD TO DO NOT PROUD OF WHAT HAPPEN AND SHOULD KNOW ABOUT SEEKING MEDICAL ATTENTION FOR MY CHILD I AM DISABLED AND SICK OF GETTING TREATED BADLY HOW WOULD THEY LIKE IT IF I CALLED APS ON THEM FOR A CHANGE THEN THEY CAN COME AND ARREST THEM RIGHT OUT OF THE SCHOOL. NOW WE ARE HOMELESS AND THE CHILDREN ARE STAYING WITH A RELATIVE AND GUARDIAN AND THE SCHOOL WON'T LET THEM GO TO SCHOOL THERE BUT WANT THEM TO GO TO SCHOOL WHERE BULLYING IS ALLOWED REAL SMART THINKING ON A SCHOOL STAFF.

  3. Family court judges never fail to surprise me with their irrational thinking. First of all any man who abuses his wife is not fit to be a parent. A man who can't control his anger should not be allowed around his child unsupervised period. Just because he's never been convicted of abusing his child doesn't mean he won't and maybe he hasn't but a man that has such poor judgement and control is not fit to parent without oversight - only a moron would think otherwise. Secondly, why should the mother have to pay? He's the one who made the poor decisions to abuse and he should be the one to pay the price - monetarily and otherwise. Yes it's sad that the little girl may be deprived of her father, but really what kind of father is he - the one that abuses her mother the one that can't even step up and do what's necessary on his own instead the abused mother is to pay for him???? What is this Judge thinking? Another example of how this world rewards bad behavior and punishes those who do right. Way to go Judge - NOT.

  4. Right on. Legalize it. We can take billions away from the drug cartels and help reduce violence in central America and more unwanted illegal immigration all in one fell swoop. cut taxes on the savings from needless incarcerations. On and stop eroding our fourth amendment freedom or whatever's left of it.

  5. "...a switch from crop production to hog production "does not constitute a significant change."??? REALLY?!?! Any judge that cannot see a significant difference between a plant and an animal needs to find another line of work.

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