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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. From the MCBA: “This situation is not just about the death of Michael Brown, but the thousands of other African-Americans who are disproportionately targeted and killed by police officers.” The association said it was “saddened and disappointed” by the decision not to indict Ferguson police officer. HOPING that the MCBA will denouce the execution style killig of two NYC police officers this day, seemingly the act of one who likewise believes that the police are targeting blacks for murder and getting away with it. http://www.mediaite.com/online/two-nypd-cops-fatally-shot-in-ambush-in-brooklyn/ Pray this violence soon ends, and pray it stays far away from Indiana.

  2. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  3. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  4. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

  5. Catholic, Lutheran, even the Baptists nuzzling the wolf! http://www.judicialwatch.org/press-room/press-releases/judicial-watch-documents-reveal-obama-hhs-paid-baptist-children-family-services-182129786-four-months-housing-illegal-alien-children/ YET where is the Progressivist outcry? Silent. I wonder why?

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