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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. Frankly, it is tragic that you are even considering going to an expensive, unaccredited "law school." It is extremely difficult to get a job with a degree from a real school. If you are going to make the investment of time, money, and tears into law school, it should not be to a place that won't actually enable you to practice law when you graduate.

  2. As a lawyer who grew up in Fort Wayne (but went to a real law school), it is not that hard to find a mentor in the legal community without your school's assistance. One does not need to pay tens of thousands of dollars to go to an unaccredited legal diploma mill to get a mentor. Having a mentor means precisely nothing if you cannot get a job upon graduation, and considering that the legal job market is utterly terrible, these students from Indiana Tech are going to be adrift after graduation.

  3. 700,000 to 800,000 Americans are arrested for marijuana possession each year in the US. Do we need a new justice center if we decriminalize marijuana by having the City Council enact a $100 fine for marijuana possession and have the money go towards road repair?

  4. I am sorry to hear this.

  5. I tried a case in Judge Barker's court many years ago and I recall it vividly as a highlight of my career. I don't get in federal court very often but found myself back there again last Summer. We had both aged a bit but I must say she was just as I had remembered her. Authoritative, organized and yes, human ...with a good sense of humor. I also appreciated that even though we were dealing with difficult criminal cases, she treated my clients with dignity and understanding. My clients certainly respected her. Thanks for this nice article. Congratulations to Judge Barker for reaching another milestone in a remarkable career.

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