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Opinions May 1, 2012

7th Circuit Court of Appeals
Securities and Exchange Commission v. First Choice Management Services Inc. et al.; SonCo Holdings LLC v. Joseph D. Bradley, receiver, and ALCO Oil & Gas Co. LLC
11-1702
U.S. District Court, Northern District of Indiana, South Bend Division, Judge Robert L. Miller Jr.
Civil. Affirms order insofar as it determines that SonCo willfully violated the agreed order, but vacates the $600,000 sanction and remands. On remand, the judge can: reimpose the sanction he imposed, upon demonstrating that it is a compensatory remedy for a civil contempt after all; impose a different or perhaps no sanction, whether for civil contempt or for misconduct not characterized as contempt; or proceeding under the rules governing criminal contempts.

7th Circuit vacates sanction in contempt judgment

The 7th Circuit Court of Appeals found that an order, while unclear, did require a company to become the operator of leases involving oil and gas fields in Texas. But the judges held the District Court judge didn’t fully explain why he was imposing the sanction he did, so the 7th Circuit vacated the sanction.

Massa investiture May 7

The formal swearing-in ceremony for new Indiana Justice Mark Massa will be May 7 in the Indiana Supreme Court Courtroom.

Opinions April 30, 2012 ILD

7th Circuit Court of Appeals posted no opinions at IL deadline.

Indiana Supreme Court and Indiana Tax Court posted no opinions at IL deadline.

Indiana Court of Appeals
Jasper A. Wisdom v. State of Indiana (NFP)
82A01-1108-CR-380
Criminal. Remands for an inquiry into Wisdom’s ability to pay the $1,600 in restitution and, if appropriate, for adjustment of the restitution amount based on that factor.

State of Indiana v. Blake Lodde (NFP)
79A02-1111-CR-1067
Criminal. Reverses order granting Lodde’s motion to suppress evidence gathered during and after an investigatory stop of his vehicle. Remands with instructions.

Louis Amalfitano v. State of Indiana (NFP)
48A04-1108-CR-446
Criminal. Affirms convictions, including Class B felony criminal confinement, Class C felony battery resulting in serious bodily injury, and Class D felony exploitation of an endangered adult.

Brett A. Head-Mattingly v. State of Indiana (NFP)
82A05-1103-CR-127
Criminal. Affirms conviction of Class B felonies attempted burglary and burglary, and Class D felony theft.

Michael E. Kirk v. State of Indiana (NFP)
49A04-1111-PC-609
Post conviction. Affirms denial of petition for post-conviction relief.

Nancy A. Regula, as Administrator of the Estate of Daniel G. Young, Deceased v. HPG Corp., doing business as Cohen Brothers Metals Co. and Integrity Metals (NFP)
89A01-1109-CT-402
Civil tort. Affirms summary judgment in favor of HPG Corp. on a negligence claim.

J.M. v. State of Indiana (NFP)
18A02-1109-JV-817
Juvenile. Affirms adjudication for what would be Class B felony child molesting if committed by an adult.

C.F. v. M.R. (NFP)
30A01-1110-DR-467
Domestic relation. Affirms order granting M.R.’s motion to modify custody.

Rodney D. Craft v. State of Indiana (NFP)
66A03-1104-CR-145
Criminal. Affirms convictions of Class D felonies possession of reagents and precursors with intent to manufacture a controlled substance, possession of methamphetamine, and possession of cocaine.

 

Opinions April 30, 2012

Indiana Court of Appeals
D.A. v. State of Indiana
49A02-1108-JV-692
Juvenile. Affirms juvenile court’s decision to order inpatient treatment for D.A. who entered into a plea agreement admitting to Class B misdemeanor battery if committed by an adult and “conditionally” agreed to admit to Class C felony child molesting, if committed by an adult. D.A.’s placement is consistent with the goals for his rehabilitation. The appellate judges do not have jurisdiction to resolve the issue of whether the trial court erred in accepting his conditional plea to the child molesting charge because there was no evidence of D.A.’s intent with regard to the molesting. The conditional plea is the equivalent to a withheld judgment so there is no final judgment or appealable final order from which to appeal.

Indiana justices take 2 cases

The Indiana Supreme Court has agreed to hear the case filed by a fired professor at the University of Evansville against the school.

COA affirms use of equitable subrogation

The Indiana Court of Appeals affirmed the trial court’s decision to award title over a disputed piece of property, but reversed regarding the order the defendant pay the plaintiff’s attorney fees.

Judges affirm denial of motion to withdraw plea

The trial court did not err when it denied a defendant’s motion to withdraw his guilty plea after his attorney failed to discover that the state could charge him with being a habitual offender in only one of the two separate causes that were filed against him, the Indiana Court of Appeals ruled.

Judges uphold inpatient treatment for juvenile

Because the record shows that a juvenile’s placement at an inpatient treatment facility is consistent with the goals for the teen’s rehabilitation, the Indiana Court of Appeals upheld the juvenile court’s placement order.

COA rules in favor of chamber in breach of contract dispute

In its decision ordering summary judgment be entered in favor of the Brownsburg Chamber of Commerce in a lawsuit involving damages to a former employee, the Indiana Court of Appeals adopted the proposition that damages for breach of notice provisions are limited to compensation for the notice period.

U.S. justices to rule on retroactivity of case involving guilty pleas by immigrants

The Supreme Court of the United States will hear a case that stems from its 2010 decision Padilla v. Kentucky, in which the justices held that criminal defense attorneys are obligated under the Sixth Amendment to advise noncitizen defendants about immigration consequences of pleading guilty. The justices will now rule on whether its decision is retroactive.<

Attorneys donate record amount to food banks

Lawyers and law firms participating in this year’s March Against Hunger raised the equivalent of 135 tons of food, a record amount for the competition that’s in its fourth year.

Opinions April 27, 2012 ILD

7th Circuit Court of Appeals posted no opinions at IL deadline.

Indiana Supreme Court and Indiana Tax Court posted no opinions at IL deadline.

Indiana Court of Appeals
Derek Lee Morris v. State of Indiana (NFP)
49A04-1106-PC-379
Post conviction. Affirms denial of petition for post-conviction relief.

James J. Hambrock, Individually and as Co-Personal Representative of the Estate of Bob Cromer v. Star Wealth Management, as Co-Personal Representative of the Estate of Bob Cromer (NFP)
49A04-1109-ES-532
Estate, supervised. Affirms probate court’s order denying Hambrock’s claim for equitable relief in the form of an equitable lien against real estate or a constructive trust imposed to reform a deed.

Lisa J. Kane v. State of Indiana (NFP)
30A04-1109-CR-488
Criminal. Affirms conviction of Class D felony receiving stolen property.

 

Opinions April 27, 2012

Indiana Court of Appeals
In the Matter of V.C., Child Alleged to be in Need of Services v. Indiana Dept. of Child Services
79A02-1112-JC-1172
Juvenile. Affirms determination that V.C. is a child in need of services. The juvenile court did not erroneously deny father’s request to issue a subpoena to the maternal aunt. Father also failed to demonstrate good cause for granting his request for a continuance, so the juvenile court acted within its discretion in denying his request.

Courts not responsible to find person named in subpoena

It is not up to the court to find someone named in a subpoena if the person requesting it doesn’t know where to send the subpoena, the Indiana Court of Appeals ruled. That argument was being made by an incarcerated father appealing a determination that his child is in need of services.

Former secretary of state suspended

The Indiana Supreme Court suspended former Indiana Secretary of State Charlie White Wednesday because he was convicted of several felonies following a trial on voter fraud charges.

Opinions April 26, 2012 ILD

7th Circuit Court of Appeals posted no opinions at IL deadline.

Indiana Supreme Court and Indiana Tax Court posted no opinions at IL deadline.

Indiana Court of Appeals
Christopher King v. Karen Patrick (NFP)
49A02-1105-PL-444
Civil plenary. Reverses grant of partial summary judgment against Christopher King on Karen Patrick’s complaint against him alleging breach of contract. Remands for further proceedings.

Donald Carter v. State of Indiana (NFP)
49A02-1110-CR-933
Criminal. Affirms convictions of Class D felonies strangulation and intimidation.

Freddie Holman v. State of Indiana (NFP)
45A03-1108-CR-378
Criminal. Affirms conviction of Class C felony reckless homicide and the determination that Holman is a habitual offender.

Todd Anderson v. State of Indiana (NFP)
02A04-1110-PC-596
Post conviction. Affirms denial of petition for post-conviction relief.