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Judges find mortgage company not culpably negligent

In a dispute over which mortgage has priority in a foreclosure action, the Indiana Court of Appeals affirmed summary judgment for the senior mortgage holder. The judges found the doctrine of equitable subrogation applies.

Legislature announces summer study committees

The Legislative Council of the Indiana General Assembly has assigned the study topics various committees will examine this summer and fall. Some of the areas include creating a centralized department of administrative law judges and review of various Department of Child Services practices.

Opinions May 23, 2012 ILD

7th Circuit Court of Appeals posted no Indiana opinions at IL deadline.

Indiana Supreme Court and Indiana Tax Court posted no opinions at IL deadline.

Indiana Court of Appeals
Dionne Harris v. State of Indiana (NFP)
34A04-1111-PC-593
Post conviction. Affirms denial of petition for post-conviction relief.

Jason Poole v. State of Indiana (NFP)
49A02-1110-CR-904
Criminal. Affirms convictions of Class A misdemeanor possession of paraphernalia and Class B misdemeanor possession of a knife with an automatic blade.
 

Opinions May 23, 2012

Indiana Court of Appeals
Gabriel J. Sharkey v. State of Indiana
84A04-1110-CR-550
Criminal. Affirms sentence following guilty plea to Class D felony intimidation. Sharkey’s 18-month suspended sentence is appropriate in light of the nature of the crime and his character.

122 Indiana courts now on Odyssey

With the additions of Henry and Jackson counties to the Odyssey case management system, 41 counties and 122 courts are now hooked into the system.

Court upholds sentence following threat to school

A father who was upset that he couldn’t talk to his daughter after she was arrested at school for having drugs threatened to come to the school with his “guns blaring.” He was arrested and given a suspended sentence for Class D felony intimidation, which the Indiana Court of Appeals affirmed.

Woman evicted from apartment denied due process

The Indiana Court of Appeals held that a woman was denied due process in small claims court when the court reporter presided over an initial hearing and ordered the woman to move out of her apartment.

Trial court ordered to determine if man was diligent in pursuing appeal

The Indiana Court of Appeals held that a man cannot appeal the denial of his petition for post-conviction relief, but the trial court should determine whether the defendant has been without fault and diligent in pursuit of his original appeal of child molesting convictions.

Justices clarify ‘notes on oral arguments’ use

The Indiana Supreme Court issued an order May 18 informing attorneys that filing of “notes on oral arguments” without leave of court is no longer part of Indiana’s appellate practice.

Opinions May 22, 2012 ILD

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

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

Indiana Court of Appeals
Dwayne Rhoiney v. State of Indiana (NFP)
49A02-1107-CR-650
Criminal. Affirms resentencing by trial court for felony murder, Class B felony criminal confinement and Class A misdemeanor carrying a handgun without a license.

Ohio Farmers Insurance Company and S.C. Nestel, Inc. v. Indiana Drywall & Acoustics, Inc. (NFP)
49A02-1106-CC-534
Civil collections. Affirms trial court’s denial of Nestel’s motion for summary judgment, but reverses the denial of Ohio Farmers’ motion for summary judgment with respect to Indiana Drywall’s bond claim.

Charles E. Justise, Sr. v. State of Indiana (NFP)
49A02-1105-CR-408
Criminal. Affirms convictions of Class A and Class C felony child molesting.
 

Mark Massa is robed

View photos from the robing ceremony of Indiana Justice Mark Massa.

il-massa-investiture04-2col.jpg

Shaui released from jail

More than year after her arrest on charges of murder and attempted feticide, Bei Bei Shuai is free on bail.

Appeals court reverses DCS judgment of CHINS

A 16-year-old Indianapolis girl was improperly adjudicated a child in need of services, and her mother should not have been subject to Department of Child Services oversight, the Indiana Court of Appeals ruled Tuesday.

195 students pass February 2012 Indiana bar exam

The Indiana Lawyer congratulates the individuals listed below on passing the February 2012 bar exam. Many of these young and aspiring lawyers, along with several who passed the bar exam in July 2011, participated in the Indiana Supreme Court Admission Ceremony held May 14, 2012, in Indianapolis.

IBA: Pause for Professionalism

As a part of its Pause for Professionalism video series, the Professionalism Committee has recently released a video of Hon. Tim A. Baker, United States District Court, Southern District of Indiana in a video entitled “Civility in Discovery.”