ILNews

Opinions Feb. 14, 2013

February 14, 2013
Keywords
Back to TopE-mailPrintBookmark and Share

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.
 

ADVERTISEMENT

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Conour will never turn these funds over to his defrauded clients. He tearfully told the court, and his daughters dutifully pledged in interviews, that his first priority is to repay every dime of the money he stole from his clients. Judge Young bought it, much to the chagrin of Conour’s victims. Why would Conour need the $2,262 anyway? Taxpayers are now supporting him, paying for his housing, utilities, food, healthcare, and clothing. If Conour puts the money anywhere but in the restitution fund, he’s proved, once again, what a con artist he continues to be and that he has never had any intention of repaying his clients. Judge Young will be proven wrong... again; Conour has no remorse and the Judge is one of the many conned.

  2. Pass Legislation to require guilty defendants to pay for the costs of lab work, etc as part of court costs...

  3. The fee increase would be livable except for the 11% increase in spending at the Disciplinary Commission. The Commission should be focused on true public harm rather than going on witch hunts against lawyers who dare to criticize judges.

  4. Marijuana is safer than alcohol. AT the time the 1937 Marijuana Tax Act was enacted all major pharmaceutical companies in the US sold marijuana products. 11 Presidents of the US have smoked marijuana. Smoking it does not increase the likelihood that you will get lung cancer. There are numerous reports of canabis oil killing many kinds of incurable cancer. (See Rick Simpson's Oil on the internet or facebook).

  5. The US has 5% of the world's population and 25% of the world's prisoners. Far too many people are sentenced for far too many years in prison. Many of the federal prisoners are sentenced for marijuana violations. Marijuana is safer than alcohol.

ADVERTISEMENT