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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. Hey 2 psychs is never enough, since it is statistically unlikely that three will ever agree on anything! New study admits this pseudo science is about as scientifically valid as astrology ... done by via fortune cookie ....John Ioannidis, professor of health research and policy at Stanford University, said the study was impressive and that its results had been eagerly awaited by the scientific community. “Sadly, the picture it paints - a 64% failure rate even among papers published in the best journals in the field - is not very nice about the current status of psychological science in general, and for fields like social psychology it is just devastating,” he said. http://www.theguardian.com/science/2015/aug/27/study-delivers-bleak-verdict-on-validity-of-psychology-experiment-results

  2. Indianapolis Bar Association President John Trimble and I are on the same page, but it is a very large page with plenty of room for others to join us. As my final Res Gestae article will express in more detail in a few days, the Great Recession hastened a fundamental and permanent sea change for the global legal service profession. Every state bar is facing the same existential questions that thrust the medical profession into national healthcare reform debates. The bench, bar, and law schools must comprehensively reconsider how we define the practice of law and what it means to access justice. If the three principals of the legal service profession do not recast the vision of their roles and responsibilities soon, the marketplace will dictate those roles and responsibilities without regard for the public interests that the legal profession professes to serve.

  3. I have met some highly placed bureaucrats who vehemently disagree, Mr. Smith. This is not your father's time in America. Some ideas are just too politically incorrect too allow spoken, says those who watch over us for the good of their concept of order.

  4. Lets talk about this without forgetting that Lawyers, too, have FREEDOM OF SPEECH AND ASSOCIATION

  5. Baer filed with the U.S. Court of Appeals Seventh Circuit on April 30 2015. When will this be decided? How many more appeals does this guy have? Unbelievable this is dragging on like this.

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