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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. "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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