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
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.

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
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.

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)
Criminal. Affirms conviction of Class A misdemeanor domestic battery.

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

James R. Dieterle v. State of Indiana (NFP)
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)
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)
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)
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)
Criminal. Affirms 65-year sentence for convictions of murder and attempted murder.

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

Gregory Allen v. State of Indiana (NFP)
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. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  2. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  3. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  4. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  5. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.