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Opinions April 25, 2012

April 25, 2012
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7th Circuit Court of Appeals posted no Indiana opinions at IL deadline.

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

Indiana Court of Appeals

John Ludack v. State of Indiana
49A02-1109-CR-930
Criminal. Affirms convictions of and aggregate 130-year sentence for two counts of Class A felony child molesting and being a habitual offender. Defense counsel, by first asking the detective whether Ludack had admitted the allegations of child molestation during the interview, opened the door to the detective’s testimony that Ludack neither admitted nor denied the allegations of child molesting and just asked to stop speaking. Ludack also failed to prove his sentence is inappropriate.

The Kroger Co. v. WC Associates, LLC, as successor in interest to Metro Acquisitions, LLC
49A05-1108-PL-412
Civil plenary. Affirms summary judgment to WC Associates on its breach of contract claim against Kroger over its modifications of a sign and the trial court properly granted WC’s request for sanctions. Reverses summary judgment on WC’s claims of criminal mischief, criminal trespass and criminal conversion. Kroger did not have criminal intent when it modified the sign pylon. Grants WC’s request for appellate attorney fees only relating to the breach of contract claim. Remands for further proceedings.

D.M. v. State of Indiana (NFP)
49A02-1109-JV-885
Juvenile. Affirms adjudication as a delinquent child for carrying a handgun without a license, a Class A misdemeanor if committed by an adult.

Clarence Moore v. State of Indiana (NFP)
49A05-1109-CR-496
Criminal. Affirms conviction of Class A misdemeanor invasion of privacy.

Abraham Patterson v. State of Indiana (NFP)
34A02-1110-CR-1005
Criminal. Affirms conviction of Class D felony theft.

Marsha Spurr v. Robert Spurr (NFP)
http://media.ibj.com/Lawyer/websites/opinions/index.php?pdf=2012/april/04251201lmb.pdf
29A04-1108-DR-416
Domestic relation. Reverses denial of Marsha Spurr’s motion to correct error, which challenged the dissolution court’s order determining that daughter, S.S., was emancipated for purposes of determining child support owed by Robert Spurr. Chief Judge Robb dissents. Remands for further proceedings.
 

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  1. Bill Satterlee is, indeed, a true jazz aficionado. Part of my legal career was spent as an associate attorney with Hoeppner, Wagner & Evans in Valparaiso. Bill was instrumental (no pun intended) in introducing me to jazz music, thereby fostering my love for this genre. We would, occasionally, travel to Chicago on weekends and sit in on some outstanding jazz sessions at Andy's on Hubbard Street. Had it not been for Bill's love of jazz music, I never would have had the good fortune of hearing it played live at Andy's. And, most likely, I might never have begun listening to it as much as I do. Thanks, Bill.

  2. 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.

  3. 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.

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

  5. 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.

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