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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. Based on several recent Indy Star articles, I would agree that being a case worker would be really hard. You would see the worst of humanity on a daily basis; and when things go wrong guess who gets blamed??!! Not biological parent!! Best of luck to those who entered that line of work.

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  4. Law school is social control the goal to produce a social product. As such it began after the Revolution and has nearly ruined us to this day: "“Scarcely any political question arises in the United States which is not resolved, sooner or later, into a judicial question. Hence all parties are obliged to borrow, in their daily controversies, the ideas, and even the language, peculiar to judicial proceedings. As most public men [i.e., politicians] are, or have been, legal practitioners, they introduce the customs and technicalities of their profession into the management of public affairs. The jury extends this habitude to all classes. The language of the law thus becomes, in some measure, a vulgar tongue; the spirit of the law, which is produced in the schools and courts of justice, gradually penetrates beyond their walls into the bosom of society, where it descends to the lowest classes, so that at last the whole people contract the habits and the tastes of the judicial magistrate.” ? Alexis de Tocqueville, Democracy in America

  5. Attorney? Really? Or is it former attorney? Status with the Ind St Ct? Status with federal court, with SCOTUS? This is a legal newspaper, or should I look elsewhere?

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