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Opinions July 21, 2011

July 21, 2011
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7th Circuit Court of Appeals
Townsquare Media Inc., f/k/a Regent Communications Inc. v. Alan R. Brill, et al.
10-3017, 10-3018
U.S. District Court, Southern District of Indiana, Evansville Division, Chief Judge Richard Young.
Civil. The decision of the bankruptcy court to remand a suit to state court – which had been removed to the bankruptcy court after being filed in state court – is unreviewable and Regent’s appeal must be dismissed.

L.V. and Yvette Crawford v. Countrywide Home Loans Inc. d/b/a America’s Wholesale Lender, et al.
10-3135
U.S. District Court, Northern District of Indiana, South Bend Division, Chief Judge Philip Simon.
Civil. Affirms summary judgment for Countrywide Home Loans in the Crawfords' suit following their default on their mortgage, eviction from the home, and sale of the home in a sheriff’s sale. The Crawfords did not meet their burden to come forward with specific facts showing that there were genuine issues for trial. Vacates the District Court’s order of Aug. 10, 2010, and remands for the limited purpose of permitting the District Court to enter a new order specifying which aspects of the Crawfords’ complaint were dismissed on jurisdictional grounds and remanding those aspects to the state court from which the case was removed.

Indiana Supreme Court
Glenn Carpenter v. State of Indiana

49S02-1104-CR-198
Criminal. Revises Carpenter’s sentence from 40 years to 20 years following his conviction of Class B felony possession of a firearm by a serious violent felon and being an habitual offender. His sentence is inappropriate given the unaggravated nature of the offense as a whole and his character and past criminal history. Justice Dickson dissents.

Indiana Court of Appeals
Jacqueline Wisner, M.D., and the South Bend Clinic, L.L.P. v. Archie L. Laney
71A03-1007-CT-382
Civil tort. Affirms in part and reverses in part in a negligence action. The trial court did not abuse its discretion in determining that Laney’s attorney’s actions did not deprive the defendants of a fair trial or in concluding that the trial court instructions were sufficient to dispel any confusion that may have been caused by Laney’s counsel’s final argument. The trial court didn’t err in finding that no impropriety occurred when a witness spoke to other witnesses before trial. Reverses order denying Laney prejudgment interest. Remands for further proceedings.

James Bellamy v. State of Indiana
49A02-1011-CR-1214
Criminal. Affirms finding Bellamy was in direct criminal contempt. Despite his status as a layperson, the trial court did not err in finding he was in direct contempt of the trial court for showing up late to court after being warned. Any challenge to the error relating to the trial court’s failure to allow him to explain his tardiness was waived.

Term. of Parent-Child Rel. of D.B., et al.; W.B. v. IDCS (NFP)

28A05-1101-JT-22
Juvenile. Affirms involuntary termination of parental rights.

Antonio Jenkins v. State of Indiana (NFP)
68A01-1008-CR-417
Criminal. Grants rehearing to explain more fully why Jenkins waived the issue of the admissibility of certain evidence under Indiana Rules of Evidence Rule 616.

Michael J. Earnest v. State of Indiana (NFP)
50A03-1011-CR-602
Criminal. Affirms conviction of and sentence for one count of Class A felony child molesting, reverses second conviction of Class A felony child molesting, and remands for entry of judgment of conviction of one count of incest as a Class B felony and sentencing on that offense.

Marvin M. Willis v. State of Indiana (NFP)
82A05-1012-CR-807
Criminal. Affirms conviction of Class D felony operating a vehicle while intoxicated.

Indiana Tax Court had posted no opinions at IL deadline.
 

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  2. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  3. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  4. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  5. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

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