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EHF-INDIANA4 LLC, as successor in interest to GMF-INDIANA4 LLC v. M&M Investment Group LLC and First Merchants Bank
No. 25A-TP-2505
Appeal from the Warrick Circuit Court, Judge Greg A. Granger. EHF-INDIANA4 LLC appealed the issuance of a tax deed after falling behind on property taxes and the subsequent sale of the property at a tax sale. The trial court ruled that EHF’s constitutional claims regarding an unconstitutional taking and an excessive fine were unfounded and granted the buyer’s petition. The Appeals Court affirmed the trial court’s ruling, aligning with a recent U.S. Supreme Court decision that established the auction price as the basis for just compensation, dismissing EHF’s arguments for fair market value compensation. Judge Weissmann authored the opinion, with Chief Judge Tavitas and Judge Foley concurring. Appellant’s attorneys: James D. Johnson, Mark T. Abell and Chandler A. Lacy, Jackson Kelly PLLC, Evansville. Appellee’s attorney: Cassandra A. Nielsen, Krieg DeVault LLP, Indianapolis.
The following opinion was issued on Aug. 12 following The Indiana Lawyer’s deadline
7th Circuit Court of Appeals
USA v. Christopher Lloyd
No. 25-1967
Appeal from the U.S. District Court for the Southern District of Indiana, Judge James P. Hanlon. Before Circuit Judges Scudder, Kirsch and Taibleson. The court vacated Lloyd’s sentence and remanded his case for resentencing for unlawful possession of a firearm. The district court had classified Lloyd’s Indiana conspiracy conviction as a “crime of violence” under the guidelines, increasing his sentencing range. The appeals court found that the sentence was erroneous, concluding that the definition of conspiracy in the Guidelines incorporates only bilateral conspiracies, while Indiana law recognizes both unilateral and bilateral conspiracies. As Lloyd’s conviction did not fit the categorical framework of a “crime of violence” under the guidelines, it should not have been counted in determining his offense level. Circuit Judge Taibleson authored the opinion.
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