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Opinions June 19, 2012 ILD

7th Circuit Court of Appeals issued no Indiana opinions by IL deadline.

Indiana Tax Court and Indiana Supreme Court issued no opinions by IL deadline.

Indiana Court of Appeals
Victoria Peak v. State of Indiana (NFP)
49A02-1112-CR-1096
Criminal. Affirms conviction of Class A misdemeanor possession of paraphernalia.

Jeffrey D. Pruitt v. State of Indiana (NFP)
20A05-1110-CR-576
Criminal. Affirms conviction of Class C felony criminal recklessness.

Kunta K. Gray v. State of Indiana (NFP)
49A04-1111-PC-623
Post conviction. Affirms denial of petition for post-conviction relief.

Robert Sean Morphett v. State of Indiana (NFP)
82A05-1110-CR-565
Criminal. Affirms sentence for Class C felony battery.

Suzanne Throgmartin v. Gregg Appliances, Inc. (NFP)
84A05-1110-MF-573
Mortgage foreclosure. Affirms trial court’s dismissal of Throgmartin’s third-party complaint against Gregg Appliances.

Kimberly S. Lakin v. State of Indiana (NFP)
91A02-1107-CR-655
Criminal. Affirms conviction of Class A misdemeanor possession of paraphernalia.

Jennifer Alao-Hamed v. Adeniran Alao-Hamed (NFP)
49A02-1110-DR-1017
Domestic relation. Affirms trial court’s grant of husband’s motion to correct error.

Michael Eward v. State of Indiana (NFP)
49A02-1110-CR-934
Criminal. Affirms convictions of one count Class A misdemeanor and one count Class C misdemeanor operating a vehicle while intoxicated.  

Shawn Lamont Alexander v. State of Indiana (NFP)
71A03-1109-CR-424
Criminal. Affirms sentences for two counts of Class A felony attempted murder and two counts of Class C felony attempted robbery.

Kenneth Watson v. P.C. Operating, LLC d/b/a Mentone Mini Mart, Paladin Global Development, Paladin Commercial LLC and Scientific Games International, Inc. (NFP)
43A04-1202-PL-55
Civil plenary. Affirms trial court’s dismissal of Watson’s complaint for lack of subject matter jurisdiction based upon collateral estoppel.

Michael Priddy v. State of Indiana (NFP)
31A01-1110-CR-455
Criminal. Affirms convictions of and sentences for eight counts of Class B felony child molesting.  

Martin A. Harriman v. Kristina A. Harriman (NFP)
41A01-1111-DR-513
Domestic relation. Reverses trial court’s determination on amount of health care costs owed to Kristina Harriman with instructions to vacate the order requiring Martin Harriman to pay or hold a hearing to determine the correct amount. Affirms in all other regards.
 

Opinions June 19, 2012

Indiana Court of Appeals
Alan Patrick McEntee v. Wells Fargo Bank, N.A.
75A03-1106-MF-277
Mortgage foreclosure. Reverses summary judgment in favor of Wells Fargo and remands to the trial court, holding that the court erred because Wells Fargo failed to establish there was no material fact that McEntee had defaulted; and that Wells Fargo failed to establish the absence of a genuine issue of material fact as to McEntee’s affirmative defense. 

Appeals court reverses mortgage foreclosure

A pro se litigant in a Starke County foreclosure case will get a new day in court after the Indiana Court of Appeals ruled Tuesday that a judge erred when he granted summary judgment in favor of the bank.

Economy and waning tax revenue put strain on courts

The Indiana University Public Policy Institute, a part of IU’s School of Public and Environmental Affairs, released an issue brief Tuesday saying that Indiana’s courts are doing more with less as a result of the nation’s economic downturn, reduced local funding and increased demand.
 

Chinn: Can of Worms Opened

This column is usually void of legal analysis. (Pause for various jokes told to yourself.) But in this edition, I want to highlight a recent legal opinion that bears upon an initiative of the IndyBar. I will raise more questions than I answer, and this likely won’t be the last time we will talk about the matter.

IBA: Altice, McMath Finalists for Court of Appeals

Indianapolis Bar Association members the Hon. Robert R. Altice, Jr. of Marion Criminal Division 2 and attorney Patricia Caress McMath, were named by the Indiana Judicial Nominating Commission as finalists for the upcoming vacancy on the Court of Appeals of Indiana.

IBA: Magnus-Stinson Named Chair of Nominating Committee

The nomination period has begun for the 2013 Board of Directors of the Indianapolis Bar Association, and the Honorable Jane Magnus-Stinson of the United States District Court for the Southern District of Indiana has been appointed to chair the effort.

IndyBar BenchBar Conference 2012

The 19th Annual Gathering of the Indianapolis Bar Association Bench and Bar was held June 14-16, 2012, at the French Lick Springs Resort and Casino in French Lick, Ind.

Indiana’s new laws starting July 1, 2012

Many of the laws enacted during the 2012 legislative session take effect July 1. This list includes enrolled acts, along with newly assigned public law numbers, that have full or partial July 1 effective dates.