ILNews

Opinions Aug. 20, 2012

August 20, 2012
Keywords
Back to TopE-mailPrintBookmark and Share

The following opinion was posted after IL deadline Friday:

Indiana Tax Court

Wireless Advocates, LLC v. Indiana Department of State Revenue
49T10-1109-TA-60
Tax. Denies the Indiana Department of State Revenue’s motion to dismiss for failure to state a claim upon which relief may be granted. Wireless Advocate’s petition, which was originally filed by a member of the company instead of an attorney, does not deserve the terminal result of dismissal. The department must file its answer within 30 days.

Monday’s opinions
7th Circuit Court of Appeals

Joshua Resendez v. Brian Smith
11-1121
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Sarah Evans Barker.
Civil. Affirms dismissal of petition for writ of habeas corpus, in which Resendez claimed the state denied him his constitutional right to counsel in a sentence correction proceeding under I.C. 35-38-1-15.  His claims may not be presented via that statute as his motion is a collateral challenge to his sentence.

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

Indiana Court of Appeals
James E. True v. State of Indiana (NFP)
24A01-1110-CR-532
Criminal. Reverses conviction of Class A misdemeanor invasion of privacy due to double jeopardy violation and orders conviction vacated. Affirms conviction of Class D felony residential entry.

Cynthia Sue Damron v. GMAC Mortgage, LLC (NFP)
20A03-1110-MF-514
Mortgage foreclosure. Affirms denial of Damron’s Indiana Trial Rule 60(B) motion for relief from judgment and subsequent motion to correct error.

In Re the Paternity of A.W., T.W. v. J.P. (NFP)
68A05-1202-JP-59
Juvenile paternity. Affirms order granting father J.P. custody.

James Johns v. Pike County Commissioners (NFP)
63A01-1112-MI-607
Miscellaneous. Affirms judgment on the pleadings as to Johns’ claim concerning a road closure agreement and dismisses the rest of the appeal as moot.
 

ADVERTISEMENT

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  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"?

ADVERTISEMENT