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Opinions April 26, 2011 ILD
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Wachovia Financial Services, Inc. v. Dune Harbor, LLC, et al.
64A03-1008-MF-415
Mortgage foreclosure. Reverses summary judgment order that a vendor lien was created in favor of and in force for Lefty’s Co-Ho Landing when Wachovia recorded its mortgages, stating that a genuine issue of material fact remains as to whether the lien, if created, was in force. Remands for further proceedings.
Michael D. Bennett v. State of Indiana (NFP)
33A04-1010-CR-658
Criminal. Affirms sentences for Class D felony resisting law enforcement and Class A misdemeanor driving while suspended.
Term. of Parent-Child Rel. of D.W., et al.; A.W. v. I.D.C.S. (NFP)
49A02-1009-JT-1076
Juvenile. Affirms termination of parental rights.
Antonio Dallas Jenkins v. State of Indiana (NFP)
68A01-1008-CR-417
Criminal. Affirms conviction of and sentence for Class B felony dealing in a Schedule III controlled substance.
Timothy Robertson v. State of Indiana (NFP)
27A02-1008-CR-928
Criminal. Affirms order revoking probation and ordering that Timothy Robertson serve two years of his previously suspended sentence.
Earl Wilson v. State of Indiana (NFP)
45A03-1006-PC-305
Post conviction relief petition. Affirms denial of petition for post-conviction relief.
Lyle Tucker v. State of Indiana (NFP)
60A01-1010-CR-569
Criminal. Dismisses as moot Lyle Tucker’s appeal, as Tucker has already served the executed portion of his sentence.
Anthony Scott v. Saundra L. Walden (NFP)
29A05-1004-PL-250
Civil plenary. Affirms order dividing property between Anthony Scott and Saundra Walden and denies Walden’s request for appellate attorney fees.
Jeremiah Farmer v. State of Indiana (NFP)
45A03-1005-CR-231
Criminal. Affirms aggregate 20-year sentence for one count of Class B felony robbery and one count of Class B felony burglary.
Marvin Smith v. State of Indiana (NFP)
71A03-1007-CR-371
Criminal. Affirms sentence for Class D felony battery to a law enforcement officer.
Matter of the Supervised Estate of Mary Mikels (NFP)
36A05-1006-ES-429
Estate, supervised. Affirms order authorizing Jackson County Bank, the personal representative of the estate of Mary Mikels, to sell real property, pay claims, and close the estate.
Walter Wayne Bowles v. Terri E. Bowles (NFP)
30A01-1012-DR-620
Domestic relation. Reverses trial court’s order granting wife’s motion to correct error.
Company v. K.S. and Review Board (NFP)
93A02-1011-EX-1205
Civil. Affirms decision of Department of Workforce Development’s Unemployment Insurance Review Board to reinstate unemployment insurance benefits.
Michael P. Heffern v. State of Indiana (NFP)
38A05-1007-CR-462
Criminal. Affirms convictions of felony murder and Class B felony robbery.
Andrew Peters v. State of Indiana (NFP)
15A01-1011-CR-621
Criminal. Affirms order revoking probation and ordering that Andrew Peters serve the remainder of his previously suspended sentence.
Alisha Gentry v. State of Indiana (NFP)
49A02-1007-CR-814
Criminal. Affirms conviction of Class A misdemeanor prostitution.
Term. of Parent-Child Rel. of C.H., et al.; S.H., et al. v. I.D.C.S. (NFP)
45A03-1009-JT-480
Juvenile. Affirms termination of parental rights.
David Griffin v. State of Indiana (NFP)
73A05-1006-CR-438
Criminal. Affirms trial court’s decision to admit into evidence David Griffin’s statement to police. Vacates theft conviction on double jeopardy grounds and remands to trial court to enter judgment accordingly.
Stephanie Henry v. James Henry (NFP)
28A05-1010-DR-696
Domestic relations. Affirms trial court’s award of custody of the children to maternal grandparents.
Christopher Conwell v. State of Indiana (NFP)
49A02-1008-CR-861
Criminal. Affirms trial court’s admission into evidence of post-arrest statement.
Myron Bernard James v. State of Indiana (NFP)
79A02-1007-CR-830
Criminal. Affirms in absentia sentencing.
Indiana Tax Court had posted no opinions at IL deadline.
Opinions April 26, 2011
Indiana Court of Appeals
Wachovia Financial Services, Inc. v. Dune Harbor, LLC, et al.
64A03-1008-MF-415
Mortgage foreclosure. Reverses summary judgment order that a vendor lien was created in favor of and in force for Lefty’s Co-Ho Landing when Wachovia recorded its mortgages, stating that a genuine issue of material fact remains as to whether the lien, if created, was in force. Remands for further proceedings.
Committees propose new rules for parenting coordination
The Domestic Relations Committee and Alternative Dispute Resolution Committee of the Judicial Conference of Indiana have developed proposed parenting coordination rules and commentary. Parenting coordinators are used to help resolve disputes between parents regarding children. Currently, there are no existing Indiana Supreme Court rules covering the area.
Quayles create scholarship for Indy law school
Former Vice President Dan Quayle and his wife, Marilyn, have created a scholarship for students at Indiana University School of Law-Indianapolis through an endowed gift of $200,000. The Quayles both earned their law degrees from the school in 1974.
Balancing philosophical with practical concerns regarding death penalty
Indiana Lawyer takes an in-depth look at the death penalty in the "Cost of Justice" series.
IBA: Ask a Lawyer
The Indianapolis Bar Association’s Ask a Lawyer program, held Tuesday, April 12, 2011, at libraries across Marion county, provided over 440 members of the public with free face-to-face legal advice from certified attorneys who generously volunteered their time.
Hebenstreit: Bench Bar – Let’s Get Acquainted
Hopefully, you have seen the promotional material about the Bench Bar conference coming up June 16 to 18 in French Lick. What started about 20 years ago as a noble experiment has morphed into a first class educational event.
IBA: Judges to Co-Chair Diversity Initiative
U.S. District Court Judge Tanya Walton Pratt and Indiana Supreme Court Justice Frank Sullivan were recently appointed to co-chair an Indianapolis Bar Association task force to address diversity within the Indianapolis legal community.
IBA: Bar Leader Series – A ‘Must Have’
In a time when so many are working to set themselves apart from the masses in the profession of law, the IndyBar’s Bar Leader Series is a “must have.
IBA: Indianapolis Bar Foundation Creates Impact Fund
The Indianapolis Bar Foundation has reorganized its grant making activity with the intent to provide greater impact with its dollars.
DTCI: Pennell receives ADTA President’s Award
Stephen R. Pennell, former president of DTCI and partner in the Lafayette firm of Stuart & Branigin, received the President’s Award for Outstanding Service to the ADTA at the Association of Defense Trial Attorneys’ annual meeting in Hawaii.
DTCI: New tool in defending defective products
The Indiana Supreme Court recently held that a plaintiff’s fault in initially causing an accident may be considered in a crashworthiness case against the car manufacturer.
In-box: Bigotry and prejudice must be fought
A letter to the editor on Mickey Maurer’s column on diversity.
In-box: Don’t we have more pressing business?
A reader writes in about a diversity column by Mickey Maurer.
Editorial: Lake Co. merit selection is back on the table
It’s at the end of House Bill 1266, and we have no idea whether the legislation has a chance at passage by the April 29 session deadline, but we had to go back and read it twice before we believed what we were seeing.