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Opinions Sept. 19, 2013

September 19, 2013
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Opinions – Sept. 19, 2013

Indiana Court of Appeals

Beneficial Financial 1 Inc., Successor in Interest to Beneficial Mortgage Co. of Indiana v. Sharon Hatton, a/k/a Sharon J. Hatton, First Select, Inc., Calvary SPV, II, LLC, and Discover Bank
45A03-1212-MF-531
Mortgage foreclosure. Reverses trial court grant of dismissal for failure to state a claim upon which relief can be granted, finding that a surviving company after a merger needs no documentation of assignment of interest in Hatton’s mortgage, and remands to the trial court with instructions to reinstate Beneficial’s complaint for damages. Beneficial also must have an opportunity to prove that a mutual mistake was the cause of an erroneous legal description of the property secured by the mortgage.

In Re: the Paternity of: N.C.G., B.G., v. N.G.

02A04-1301-JP-21
Juvenile Paternity. Reverses denial of B.G.’s (father’s) petition to give his child, N.C.G., his surname. Finds caselaw encourages a paternal connection between a father and his nonmarital and noncustodial child especially when, as in this case, the father pays child support and participates in the minor’s life. Holds giving the child the father’s surname is in the best interest of the child.

Justin D. Maurer v. Crystal Cobb-Maurer
02A03-1304-PO-129
Protective order. Reverses grant of a protective order for Crystal Cobb-Maurer against Justin D. Maurer, holding that there was not evidence of sufficient probative value presented at the hearing to support a finding that would cause a reasonable person to feel terrorized, intimidated or threatened.

Lily, Inc. d/b/a Weinbach Cafeteria and Fernando Tudela v. Silco, LLC.

82A05-1209-PL-459
Civil Plenary. Affirms in part the trial court’s order granting summary judgment to Silco. Also reverses and remands for consideration of issues related to attorney fees, mitigation of damages and accounting. Judge Patricia Riley dissents, in part, finding no material issues of fact remaining based on the designated evidence as to attorneys fees and mitigation of damages.

Richard Reese v. State of Indiana (NFP)
49A02-1303-CR-215
Criminal. Affirms conviction of Class A misdemeanor domestic battery.

Ronald Pearson v. State of Indiana (NFP)
36A04-1211-CR-610
Criminal. Affirms 39-year sentence for multiple drug-related convictions.

James R. Dieterle v. State of Indiana (NFP)
06A05-1304-CR-191
Criminal. Affirms denial of motion to correct erroneous sentence, a 50-year term imposed for conviction of Class A felony arson, Class B felony burglary and Class B misdemeanor public intoxication.

Ivan Luis Vazquez v. State of Indiana (NFP)
79A02-1207-PC-545
Post-conviction. Affirms denial of post-conviction relief from a 45-year executed sentence for conviction of Class A felony charges of dealing in cocaine and conspiracy to deal in cocaine.

J.D.M. v. State of Indiana (NFP)
71A05-1303-JV-109
Juvenile. Affirms delinquency adjudication for committing an act that would be Class A misdemeanor dangerous possession of a firearm if committed by an adult.

In Re The Adoption of K.T.; J.T. v. A.A.B. (NFP)
69A01-1304-AD-184
Adoption. Affirms trial court odrder granting the adoption petition of A.A.B. and terminating father J.T.’s parental rights.

Miles Toran v. State of Indiana (NFP)
49A02-1302-CR-154
Criminal. Affirms 65-year sentence for convictions of murder and attempted murder.

Curtis F. Sample, Jr., v. State of Indiana (NFP)
45A03-1302-CR-52
Criminal. Affirms trial court finding of habitual offender on remand from the Indiana Supreme Court.

Gregory Allen v. State of Indiana (NFP)
49A02-1303-CR-221
Criminal. Affirms 35-year sentence for conviction of Class A felony dealing in cocaine.

The Indiana Supreme Court and Tax Court issued no opinions prior to IL deadline. The 7th Circuit Court of Appeals issued no Indiana decisions prior to IL deadline.





 

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  1. Hi there I really need help with getting my old divorce case back into court - I am still paying support on a 24 year old who has not been in school since age 16 - now living independent. My visitation with my 14 year old has never been modified; however, when convenient for her I can have him... I am paying past balance from over due support, yet earn several thousand dollars less. I would contact my original attorney but he basically molest me multiple times in Indy when I would visit.. Todd Woodmansee - I had just came out and had know idea what to do... I have heard he no longer practices. Please help1

  2. Yes diversity is so very important. With justice Rucker off ... the court is too white. Still too male. No Hispanic justice. No LGBT justice. And there are other checkboxes missing as well. This will not do. I say hold the seat until a physically handicapped Black Lesbian of Hispanic heritage and eastern religious creed with bipolar issues can be located. Perhaps an international search, with a preference for third world candidates, is indicated. A non English speaker would surely increase our diversity quotient!!!

  3. First, I want to thank Justice Rucker for his many years of public service, not just at the appellate court level for over 25 years, but also when he served the people of Lake County as a Deputy Prosecutor, City Attorney for Gary, IN, and in private practice in a smaller, highly diverse community with a history of serious economic challenges, ethnic tensions, and recently publicized but apparently long-standing environmental health risks to some of its poorest residents. Congratulations for having the dedication & courage to practice law in areas many in our state might have considered too dangerous or too poor at different points in time. It was also courageous to step into a prominent and highly visible position of public service & respect in the early 1990's, remaining in a position that left you open to state-wide public scrutiny (without any glitches) for over 25 years. Yes, Hoosiers of all backgrounds can take pride in your many years of public service. But people of color who watched your ascent to the highest levels of state government no doubt felt even more as you transcended some real & perhaps some perceived social, economic, academic and professional barriers. You were living proof that, with hard work, dedication & a spirit of public service, a person who shared their same skin tone or came from the same county they grew up in could achieve great success. At the same time, perhaps unknowingly, you helped fellow members of the judiciary, court staff, litigants and the public better understand that differences that are only skin-deep neither define nor limit a person's character, abilities or prospects in life. You also helped others appreciate that people of different races & backgrounds can live and work together peacefully & productively for the greater good of all. Those are truths that didn't have to be written down in court opinions. Anyone paying attention could see that truth lived out every day you devoted to public service. I believe you have been a "trailblazer" in Indiana's legal community and its judiciary. I also embrace your belief that society's needs can be better served when people in positions of governmental power reflect the many complexions of the population that they serve. Whether through greater understanding across the existing racial spectrum or through the removal of some real and some perceived color-based, hope-crushing barriers to life opportunities & success, movement toward a more reflective representation of the population being governed will lead to greater and uninterrupted respect for laws designed to protect all peoples' rights to life, liberty & the pursuit of happiness. Thanks again for a job well-done & for the inevitable positive impact your service has had - and will continue to have - on countless Hoosiers of all backgrounds & colors.

  4. Diversity is important, but with some limitations. For instance, diversity of experience is a great thing that can be very helpful in certain jobs or roles. Diversity of skin color is never important, ever, under any circumstance. To think that skin color changes one single thing about a person is patently racist and offensive. Likewise, diversity of values is useless. Some values are better than others. In the case of a supreme court justice, I actually think diversity is unimportant. The justices are not to impose their own beliefs on rulings, but need to apply the law to the facts in an objective manner.

  5. Have been seeing this wonderful physician for a few years and was one of his patients who told him about what we were being told at CVS. Multiple ones. This was a witch hunt and they shold be ashamed of how patients were treated. Most of all, CVS should be ashamed for what they put this physician through. So thankful he fought back. His office is no "pill mill'. He does drug testing multiple times a year and sees patients a minimum of four times a year.

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