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Opinions April 12, 2012

April 12, 2012
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7th Circuit Court of Appeals
United States of America v. Jaymie T. Mount
11-2616
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Jane E. Magnus-Stinson.
Criminal. Remands for resentencing after the District Court denied the government’s motion for Mount to receive an additional one-level reduction following his guilty plea, citing Mount’s flight from charges. The additional reduction is mandatory once the government determines that the criteria spelled out in U.S.S.G. Section 3E1.1(b) are satisfied and it makes the necessary motion.

United States of America v. Anthony Raupp
11-2215
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Tanya Walton Pratt.
Criminal. Amends original opinion issued March 9, 2012, in which majority affirmed 100-month sentence and determination Raupp is a career offender. Judge Diane Wood dissents.

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

Indiana Court of Appeals
John Morse, M.D. v. Jeffrey Wayne Davis

84A05-1103-CT-140
Civil tort. Affirms judgment against Dr. Morse following a jury trial on Davis’ complaint alleging medical malpractice for failure to diagnose Davis’ colon cancer. The trial court did not abuse its discretion when it excluded from evidence at trial certain expert testimony, a medical record and the testimony of a treating physician and nurse.

Jarrad L. Mastin v. State of Indiana
18A02-1109-CR-890
Criminal. Affirms convictions of and sentences for one count of Class A felony child molesting and two counts of Class B felony child molesting. Mastin did not demonstrate that the trial court’s evidentiary rulings denied him a fair trial. There is sufficient evidence from which the jury could conclude he committed child molesting by sexual intercourse.

H.V. and O.P. v. Indiana Department of Child Services (NFP)
02A05-1108-JT-506
Juvenile. Affirms termination of parental rights.

Robert E. Stanley v. State of Indiana (NFP)

18A02-1109-CR-834
Criminal. Affirms conviction of Class D felony home improvement fraud.

Gary Anderson Proby v. State of Indiana (NFP)
71A05-1110-CR-522
Criminal. Affirms conviction of Class B felony burglary.

Johnny Lee Gibson v. State of Indiana (NFP)
45A04-1109-CR-494
Criminal. Affirms sentence following guilty plea to Class B felony rape.

D.H. v. State of Indiana (NFP)
49A04-1110-JV-533
Juvenile. Affirms adjudication for committing what would be Class C felony intimidation and two acts that would have been Class B misdemeanor possession of a knife on school property, if committed by an adult.

Jason Haste and Jamie R. Haste v. State of Indiana (NFP)
20A05-1107-CR-364
Criminal. Affirms the Hastes’ convictions of and sentences for maintaining a common nuisance and possession of marijuana as Class D felonies, but vacates their convictions of Class A misdemeanor possession of marijuana due to double jeopardy violations.

Joseph Adams v. State of Indiana (NFP)
33A04-1110-CR-562
Criminal. Affirms sentence for Class B misdemeanor criminal mischief and the revocation of Adams’ probation.

David Paul Burns v. State of Indiana (NFP)
45A03-1108-CR-364
Criminal. Affirms conviction of Class D felony theft and adjudication as a habitual offender.

Rodney W. Robinson v. Arthur Cashwell & Roxie Battle (NFP)
45A03-1107-SC-351
Small claim. Affirms judgment against Robinson and in favor of Cashwell and Battle on Robinson’s claim that the defendants had his truck improperly towed.
 

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  1. The child support award is many times what the custodial parent earns, and exceeds the actual costs of providing for the children's needs. My fiance and I have agreed that if we divorce, that the children will be provided for using a shared checking account like this one(http://www.mediate.com/articles/if_they_can_do_parenting_plans.cfm) to avoid the hidden alimony in Indiana's child support guidelines.

  2. Fiat justitia ruat caelum is a Latin legal phrase, meaning "Let justice be done though the heavens fall." The maxim signifies the belief that justice must be realized regardless of consequences.

  3. Indiana up holds this behavior. the state police know they got it made.

  4. Additional Points: -Civility in the profession: Treating others with respect will not only move others to respect you, it will show a shared respect for the legal system we are all sworn to protect. When attorneys engage in unnecessary personal attacks, they lose the respect and favor of judges, jurors, the person being attacked, and others witnessing or reading the communication. It's not always easy to put anger aside, but if you don't, you will lose respect, credibility, cases, clients & jobs or job opportunities. -Read Rule 22 of the Admission & Discipline Rules. Capture that spirit and apply those principles in your daily work. -Strive to represent clients in a manner that communicates the importance you place on the legal matter you're privileged to handle for them. -There are good lawyers of all ages, but no one is perfect. Older lawyers can learn valuable skills from younger lawyers who tend to be more adept with new technologies that can improve work quality and speed. Older lawyers have already tackled more legal issues and worked through more of the problems encountered when representing clients on various types of legal matters. If there's mutual respect and a willingness to learn from each other, it will help make both attorneys better lawyers. -Erosion of the public trust in lawyers wears down public confidence in the rule of law. Always keep your duty to the profession in mind. -You can learn so much by asking questions & actively listening to instructions and advice from more experienced attorneys, regardless of how many years or decades you've each practiced law. Don't miss out on that chance.

  5. Agreed on 4th Amendment call - that was just bad policing that resulted in dismissal for repeat offender. What kind of parent names their boy "Kriston"?

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