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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. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  2. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  3. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

  4. Catholic, Lutheran, even the Baptists nuzzling the wolf! http://www.judicialwatch.org/press-room/press-releases/judicial-watch-documents-reveal-obama-hhs-paid-baptist-children-family-services-182129786-four-months-housing-illegal-alien-children/ YET where is the Progressivist outcry? Silent. I wonder why?

  5. Thank you, Honorable Ladies, and thank you, TIL, for this interesting interview. The most interesting question was the last one, which drew the least response. Could it be that NFP stamps are a threat to the very foundation of our common law American legal tradition, a throwback to the continental system that facilitated differing standards of justice? A throwback to Star Chamber’s protection of the landed gentry? If TIL ever again interviews this same panel, I would recommend inviting one known for voicing socio-legal dissent for the masses, maybe Welch, maybe Ogden, maybe our own John Smith? As demographics shift and our social cohesion precipitously drops, a consistent judicial core will become more and more important so that Justice and Equal Protection and Due Process are yet guiding stars. If those stars fall from our collective social horizon (and can they be seen even now through the haze of NFP opinions?) then what glue other than more NFP decisions and TRO’s and executive orders -- all backed by more and more lethally armed praetorians – will prop up our government institutions? And if and when we do arrive at such an end … will any then dare call that tyranny? Or will the cost of such dissent be too high to justify?

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