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Opinions Feb. 14, 2013

February 14, 2013
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7th Circuit Court of Appeals
In the matter of: Castleton Plaza LP; Appeal of: El-SNPR Notes Holdings LLC
12-2639
U.S. Bankruptcy Court, Southern District of Indiana, Indianapolis Division, Judge Basil H. Lorch III.
Bankruptcy. Holds an equity investor cannot evade the competitive process by arranging for the new value to be contributed by (and the new equity to go to) an “insider” as 11 U.S.C. Section 101(31) defines that term. Competition is essential whenever a plan of reorganization leaves an objecting creditor unpaid yet distributes an equity interest to an insider.

Indiana Court of Appeals
James Roberson v. State of Indiana
18A02-1204-PC-306
Post conviction. Reverses denial of petition for post-conviction relief, which challenged his murder conviction. Roberson received ineffective assistance of trial counsel with respect to failing to ensure that the jury was properly instructed regarding the elements of murder, voluntary manslaughter, and the state’s burden of proof regarding sudden heat. Remands for further proceedings.

American Acceptance Co., LLC., as Assignee of Washington Mutual Finance v. Melissa Willis

42A04-1208-CC-466
Civil collection. Affirms denial of American Acceptance Co.’s motion for a garnishment order against Willis. Given Willis’ financial circumstances, the trial court didn’t abuse its discretion.

Daquan Whitener v. State of Indiana

20A04-1205-CR-254
Criminal. Affirms conviction of Class A felony burglary and the determination that Whitener register as a sex offender as a condition of probation. The state presented evidence of a probative nature from which a reasonable trier of fact could have found beyond a reasonable doubt that Whitener’s entry of K.A.’s home was unauthorized and that he was guilty of burglary as a Class A felony. Dismisses the state’s cross-appeal of whether the court properly declined to enter a judgment of conviction for rape as a Class B felony based on double jeopardy principles.

Omar G. Burton v. State of Indiana (NFP)
03A01-1206-CR-263
Criminal. Affirms sentence imposed following revocation of probation.

James N. Arnold v. State of Indiana (NFP)
16A01-1206-CR-252
Criminal. Affirms conviction of Class D felony being a habitual traffic violator and the Class C infraction of disregarding a traffic control device.

David Garden and Star Homes, Inc. d/b/a Garden Homes Realty v. Lucas International, LLC and Wade Lucas (NFP)
49A02-1206-CC-523
Civil collection. Affirms denial of David Garden’s and Garden Homes Realty’s motion to set aside default judgment.

Kevin Pendleton v. State of Indiana (NFP)
34A05-1207-CR-383
Criminal. Affirms convictions of two counts of Class B felony conspiracy to commit dealing in cocaine.

Charles L. Myers v. Glen L. Williams (NFP)
77A01-1204-CT-142
Civil tort. Affirms jury verdict awarding Williams $130,000 in damages following an automobile accident.

The Indiana Supreme Court and Tax Court issued no opinions prior to IL deadline.
 

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  1. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  2. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  3. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  4. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  5. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

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