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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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  1. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  2. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  3. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  4. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  5. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

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