Opinions Sept. 11, 2014

September 11, 2014

7th Circuit Court of Appeals
Securities and Exchange Commission v. First Choice Management Services Inc., et al; CRM Energy Partners and John W. Hannah v. Joseph D. Bradley, Receiver
14-1270, 14-2284
U.S. District Court, Northern District of Indiana, South Bend Division, Judge Robert L. Miller Jr.
Civil. Affirms denial of CRM’s motion to intervene in the sale of an oil and gas lease in order to compensate victims of fraud. Dismisses its appeal of the District Court’s approval of the sale. CRM waited too long to intervene in the action.

Indiana Court of Appeals
Lee Travis Griffin v. State of Indiana
Criminal. Affirms convictions of felony murder, and Class A felonies robbery and burglary. The state presented sufficient evidence to demonstrate that Griffin knowingly or intentionally associated himself with a criminal venture, participated in it and tried to make it succeed. Holds that the trial court did not abuse its discretion when it refused to issue a reasonable theory of innocence instruction based on the facts of the case.  

Brian M. Marley v. State of Indiana
Criminal.  Affirms 12-year sentence, with 10 years executed and two years suspended to probation, after pleading guilty to Class B felony dealing in oxycodone, a Schedule II controlled substance.  Declines to take into consideration the lesser penalties under the new criminal code when addressing the appropriateness of Marley’s sentence. Based on the nature of the offense and his character, the sentence is not inappropriate.

Lewis Oil, Inc. v. Bourbon Mini-Mart, Inc. and Robert E. Wanamacher
Civil plenary.  Reverses denial of summary judgment of Lewis Oil Inc. The company’s notice of dissolution was valid and Bourbon Mini-Mart’s and Wanamacher’s claims are time-barred because their lawsuit was filed more than two years after the notice was published. The requirement that a notice of dissolution describe “the information that must be included in a claim” is clearly intended for the benefit and protection of the dissolved corporation. Remands for trial court to enter summary judgment in favor of Lewis Oil.

Alberto Villalva v. State of Indiana (NFP)
Criminal. Affirms conviction of Class A misdemeanor operating a vehicle while intoxicated.

Michael T. Paille v. State of Indiana (NFP)
Criminal.  Reverses charges of Class D felony failure to register as a sex offender and Class A misdemeanor failure of a sex offender to possess identification. Remands with instructions to vacate the criminal charges against Paille and grant his motion for removal from the sex offender registry.

Thomas Booker v. State of Indiana (NFP)
Criminal.  Affirms conviction of Class B felony criminal deviate conduct.

Daniel E. Stuckman, Sr., and Daniel E. Stuckman, Jr. v. Angela C. Stuckman, as Personal Representative of the Estate of Gary A. Stuckman, deceased, and Angela C. Stuckman, et al. (NFP)
Civil plenary. Affirms summary judgment in favor of Angela C. Stuckman, the Kosciusko County Board of Zoning Appeals and the Papakeechie Protective Association with respect to Daniel Stuckman Sr.’s and Daniel Stuckman Jr.’s complaint for injunction relief to compel compliance with certain restrictive covenants.

Nancy Hay v. Richard Hay (NFP)
Domestic relation. Reverses order holding Nancy Hay in contempt for failing to pay her ex-husband in accordance with the terms of the marital estate distribution order. Remands with instructions.  In a separate opinion, Judge Crone concurs in part, concurs in result in part, and dissents in part.

In the Matter of the Termination of the Parent-Child Relationship of: T.E. (Minor Child) and T.E. (Father) v. The Indiana Department of Child Services (NFP)
Juvenile.  Affirms termination of parental rights.