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Opinions Aug. 18, 2010

August 18, 2010
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7th Circuit Court of Appeals
United States of America v. Anna LaFaive, also known as Phyllis Click
09-2344
U.S. District Court, Northern District of Indiana, Fort Wayne Division, Judge Theresa L. Springmann.
Criminal. Affirms conviction of and sentence for two counts of bank fraud and two counts of aggravated identity theft. 18 U.S.C. Section1028A criminalizes the use of both a living or deceased person’s identification. The District Court did not plainly err in calculating or imposing her sentence.

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Hematology-Oncology of Indiana, P.C. v. Hadley W. Fruits, Personal Rep. for the Estate of Elizabeth Ann Cadou
49A05-0910-CV-556
Civil. Affirms award of attorney’s fees, costs, and expenses to the estate in its medical malpractice and wrongful death suit. Such an award is available under the Wrongful Death Act or the Adult Wrongful Death Act and the award doesn’t cause the estate’s recovery to exceed the cap provided in the Medical Malpractice Act.

Meridian Security Ins. Co., et al. v. Stefo Gubic, et al.
45A03-0911-CV-538
Civil. Affirms summary judgment in favor of Hoffman Adjustment Co. and Joe Hoffman in Meridian’s third-party complaint that Hoffman breached the terms of the Gubics’ insurance policy, failed to act in good faith, engaged in spoliation of evidence and fraud, committed unauthorized practice of law, and tortiously interfered with Meridian’s business and contractual relationships with the Gubics. Meridian’s claims aren’t actionable under Indiana law because Hoffman had no contractual relationship with Meridian in his capacity as a public adjuster and the Gubics’ agent.

David D. Hauk v. State of Indiana (NFP)
20A05-1003-CR-161
Criminal. Affirms aggregate 10-year sentence for operating while intoxicated as a Class D felony and for being a habitual substance offender.

Timothy and Sonia Platt v. Wachovia Dealer Services (NFP)
49A05-1002-PL-148
Civil plenary. Affirms dismissal of the Platts’ complaint against Wachovia regarding modification of their credit agreement with Wachovia.

Wardel Brown, III v. State of Indiana (NFP)
48A05-1001-CR-2
Criminal. Affirms revocation of probation and sentence imposed.

Alvino Pizano v. State of Indiana (NFP)
45A04-1003-PC-220
Post conviction. Affirms calculation and assignment of credit time earned.

Linda Montalvo v. State of Indiana (NFP)
12A02-0909-CR-931
Criminal. Affirms 25-year sentence following guilty plea to Class A felony dealing in cocaine.

Terry L. Duckworth v. State of Indiana (NFP)
48A02-1001-CR-84
Criminal. Affirms revocation of probation and execution of Duckworth’s previously suspended sentence.

Term. of Parent-Child Rel. of T.H.C.; T.C. & C.P. v. I.D.C.S. (NFP)
71A04-1001-JT-104
Juvenile. Affirms involuntary termination of parental rights.

Clyde Edward Pryor v. State of Indiana (NFP)
71A04-0912-CR-748
Criminal. Affirms conviction of and sentence for Class D felony attempted residential entry.

Term. of Parent-Child Rel. of K.N. and D.N.; J.P.N. v. Crawford County DCS (NFP)
13A04-1002-JT-88
Juvenile. Affirms involuntary termination of parental rights.

Carlee Smith v. State of Indiana (NFP)
71A04-1002-CR-53
Criminal. Affirms conviction of Class C felony burglary.

William P. Ruel v. State of Indiana (NFP)
45A03-0911-CR-515
Criminal. Affirms sentence following guilty plea to Class D felony failure to return to lawful detention.

Adoption of N.W.; J.R. & L.R. v. I.D.C.S. (NFP)
79A04-1003-AD-180
Adoption. Affirms denial of petition for adoption of N.W.

Ryan Hade v. State of Indiana (NFP)
02A05-1002-CR-102
Criminal. Affirms sentence following guilty plea to Class B felonies robbery, unlawful possession of a firearm by a serious violent felon, resisting law enforcement, and three counts of criminal confinement.

William Sebastian, Jr. v. State of Indiana (NFP)
14A01-1001-CR-20
Criminal. Affirms revocation of probation and remands for clarification.

Indiana Tax Court had posted no opinions at IL deadline.
 

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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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