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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. Good riddance to this dangerous activist judge

  2. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  3. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  4. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

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