ILNews

Opinions Jan. 16, 2014

January 16, 2014
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The following 7th Circuit Court of Appeals opinion was posted after IL deadline Wednesday.
In the matter of: New Energy Corporation; Appeal of: Natural Chem Holdings LLC
13-2501
U.S. District Court, Northern District of Indiana, South Bend Division, Judge Robert L. Miller Jr. Affirms confirmation of sale of assets of New Energy Corp., which operated an ethanol plant and entered into bankruptcy, following a $2.5 million bid from a joint venture. Rejects Natural Chem Holdings’ opposition of confirmation, which contended that the establishment of the joint venture amounted to collusion that spoiled the auction. Natural Chem did not participate in the auction and thus could not have been harmed.  

Thursday’s opinions
Indiana Court of Appeals

Floyd County and Floyd County Plan Commission v. City of New Albany and New Albany City Plan Commission
22A05-1303-MI-139
Miscellaneous. Affirms summary judgment for the city on a lawsuit over whether the city or county has zoning jurisdiction over an unincorporated area outside the city limits. As a matter of law, the county is not entitled to exercise jurisdiction over the fringe area, nor is it required to consent to the city’s exercise of jurisdiction. Because the county has a population of less than 95,000, Indiana Code 36-7-4-205(f) determines which entity is entitled to exercise jurisdiction over the fringe area, and because the city is providing municipal services to the fringe area, it is entitled to the exercise of jurisdiction without the necessity of county approval.

Chauncey Krantz v. State of Indiana (NFP)
84A04-1302-CR-87
Criminal. Affirms 16-year sentence for Class C felony child molesting, Class C felony child exploitation and Class D felony possession of child pornography.

Ronald Lemon v. State of Indiana (NFP)
82A04-1305-CR-221
Criminal. Affirms Class D felony possession of marijuana conviction.

Jack Perkins, III v. State of Indiana (NFP)
82A04-1306-CR-315
Criminal. Affirms convictions of Class A felony child molesting and Class B felony confinement.

The Indiana Supreme Court and Tax Court posted no opinions at IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.
 

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  1. Well, maybe it's because they are unelected, and, they have a tendency to strike down laws by elected officials from all over the country. When you have been taught that "Democracy" is something almost sacred, then, you will have a tendency to frown on such imperious conduct. Lawyers get acculturated in law school into thinking that this is the very essence of high minded government, but to people who are more heavily than King George ever did, they may not like it. Thanks for the information.

  2. I pd for a bankruptcy years ago with Mr Stiles and just this week received a garnishment from my pay! He never filed it even though he told me he would! Don't let this guy practice law ever again!!!

  3. Excellent initiative on the part of the AG. Thankfully someone takes action against predators taking advantage of people who have already been through the wringer. Well done!

  4. 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.

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

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