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Opinions April 14, 2014

April 14, 2014
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The following Indiana Supreme Court opinion was posted after IL deadline Friday:
In the Matter of: Anonymous
45S00-1301-DI-33
Discipline. Issues private reprimand to Lake County attorney who engaged in misconduct by making false or misleading communications regarding legal services and failing to include an office address in public communication. Respondent must pay $250 fee and one-half of the costs and expenses of this proceeding.

Monday’s opinions
Indiana Court of Appeals

Ball State University v. Jennifer Irons, In re the Marriage of: Jennifer Irons, Wife, and Scott Irons, Husband
45A03-1307-DR-296
Domestic relation. Dismisses Ball State’s appeal of the order to release the college transcript of Jennifer Irons’ child. This appeal was not properly brought under Appellate Rule 14(A)(3). Denies Jennifer Irons’ request for appellate attorney fees. Judge Brown concurs in part and dissents in part.

Paula Rorer (Hubbard) v. William Shane Rorer (NFP)
87A04-1310-DR-494
Domestic relation. Affirms finding of indirect contempt against Hubbard in post-dissolution proceedings.

In re the Marriage of: Annette M. Huseman, f/k/a Annette M. Mantis v. Angelo N. Mantis (NFP)
45A04-1307-DR-351
Domestic relation. Reverses the trial court’s order denying mother’s motion to correct errors and the court’s April 23, 2013, order related to father’s total arrearage and the additional weekly amount he must pay toward his arrearage. Affirms the phase-in schedule of father’s modified support payments, and remands for proceedings consistent with this opinion. Judge Robb dissents.

Tyrone A. Thompson v. State of Indiana (NFP)
49A02-1309-PC-787
Post conviction. Affirms denial of petition for post-conviction relief.

Jeremy J. Holden v. State of Indiana (NFP)
45A04-1308-CR-436
Criminal. Affirms 10-year sentence for Class B felony armed robbery.

In the Matter of the Termination of the Parent-Child Relationship of: J.J. and A.J. (Minor Children) and S.J. (Father) v. Indiana Department of Child Services (NFP)
49A04-1309-JT-465
Juvenile. Affirms involuntary termination of parental rights.

Donald William Myers, III v. State of Indiana (NFP)
76A03-1305-CR-173
Criminal. Reverses Myers’ four convictions of Class A felony attempted murder.

Jay Darland and Kathleen Darland v. Elizabeth Rupp (NFP)
06A04-1308-PL-403
Civil plenary. Affirms judgment in favor of Rupp on the Darlands’ complaint seeking damages arising from a car accident.

The Indiana Supreme Court and Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.
 

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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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