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Opinions June 11, 2012

7th Circuit Court of Appeals
IP of A West 86th Street 1, LLC, et al., v. Morgan Stanley Worldwide Capital Holdings, LLC
11-2891
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Sarah Evans Barker.
Civil. Affirms District Court’s summary judgment in favor of Morgan Stanley, holding that the company was entitled to structure the sale of a loan as it wished and that the company did not err in allowing a purchaser to use escrow funds to finance the sale.

Man’s murder sentence upheld in abduction slaying

A man convicted of murder in Allen County will continue to serve a 65-year sentence after the Indiana Court of Appeals ruled that the callousness of the crime merited the consideration of numerous aggravators.

Opinions June 8, 2012 ILD

Indiana Supreme Court and Indiana Tax Court had posted no opinions by IL deadline.

Indiana Court of Appeals
Kent A. Easley v. State of Indiana, Shelby County Prosecutor's Office, R. Kent Apsley, J. Brad Landwerlen, Shelby Co. Probation Dept., Deanna Holder, Shelby Co. Superior Ct One Clerk, et al. (NFP)
49A02-1109-CT-975
Civil tort. Affirms trial court’s order dismissing Easley’s motion for default judgment.

William A. Wiley v. State of Indiana (NFP)
48A02-1111-CR-1072
Criminal. Affirms sentence for Class B felony robbery, Class A misdemeanor criminal conversion and Class A misdemeanor battery.

Michael Kucholick v. State of Indiana (NFP)
12A02-1109-CR-907
Criminal. Affirms convictions of Class C felony criminal recklessness and Class B misdemeanor criminal mischief but reduces sentence to advisory standard of four years, with two years suspended to probation and two years to be executed in community corrections. Judge Edward Najam concurred in part and dissented in part.

Blake Clunie v. State of Indiana (NFP)
31A01-1109-PC-458
Post conviction. Affirms trial court’s denial of motion to correct error in Clunie’s erroneous filing of his petition for post-conviction relief, which was filed under the original cause number instead of the post-conviction cause number.
 

Opinions June 8, 2012

7th Circuit Court of Appeals
Kenneth Harper v. C.R. England, Incorporated
11-2975
U. S. District Court, Northern District of Indiana, Hammond Division, Magistrate Judge Paul R. Cherry.
Civil. Affirms District Court’s determination that Harper failed to set forth a prima facie case, under either the direct or indirect method of proof, to support his claim that C.R. England had retaliated against him for reporting what he believed to be unlawful racial discrimination. Holds that his record shows excessive absences were the cause for his termination.

7th Circuit affirms court in retaliation claim

A man who claimed he was wrongfully terminated in retaliation for claiming racial discrimination at his workplace was fired for just cause, the 7th Circuit Court of Appeals ruled.

Opinions June 7, 2012

Indiana Court of Appeals
A.R.M. v. State of Indiana
71A05-1111-JV-613
Juvenile. Affirms juvenile court’s adjudication of A.R.M. as a delinquent child for committing child molesting, as a Class C felony when committed by an adult, and battery, as a Class B misdemeanor when committed by an adult. Holds that the court did not err in admitting the child victim’s videotaped testimony.

Legal aid provider closes

On June 6, the Community Organizations Legal Assistance Project Inc., doing business as the Community Development Law Center, announced that it had ceased operations on April 4.