ILNews

Opinions Aug. 30, 2010

August 30, 2010
Keywords
Back to TopE-mailPrintBookmark and Share

The following opinion was posted after IL deadline Friday.
Indiana Supreme Court
In the Matter of: Anonymous
18S00-0902-DI-73
Discipline. Privately reprimands attorney for engaging in misconduct by improperly revealing information relating to the representation of a former client, a violation of Professional Conduct Rule 1.9(c)(2).

Today’s opinions
7th Circuit Court of Appeals
United States of America v. Jennifer K. Howard
09-3840
U.S. District Court, Northern District of Indiana, Fort Wayne Division, Judge Theresa L. Springmann.
Criminal. Affirms convictions of wire fraud and mail fraud. Holds that even if an indictment names particular victims, the government need not prove intent to harm those named victims. The government proved that Howard intended to defraud the scheme’s victims, and such intent was established by examining the circumstances of the scheme, not by who was specifically named in the indictment.

Timothy L. Runyon v. Applied Extrusion Technologies Inc.
09-3015
U.S. District Court, Southern District Court of Indiana, Terre Haute Division, Judge Larry J. McKinney
Civil. Affirms judgment as a matter of law in Applied Extrusion’s favor in Runyon’s action under the Age Discrimination in Employment Act. There’s no evidence the company’s decision to fire Runyon was motivated by his age.

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Terry Gene Lay v. State of Indiana
10A01-1001-CR-17
Criminal. Affirms convictions of neglect of a dependent resulting in serious bodily injury as a Class B felony, neglect of a dependent resulting in death as a Class A felony, reckless homicide as a Class C felony. Lay waived the issue of marital privilege because he didn’t object during his wife’s testimony at trial concerning violation of the marital privilege. Evidence supports his wife voluntarily waived the privilege. There is also no violation of the prohibition against double jeopardy in the case.

Alphonzo Fisher v. State of Indiana
10A01-1001-CR-21
Criminal. Reverses denial of motion to discharge. The state has an affirmative duty to pursue prosecution of Fisher and the duty derives from a defendant’s right to a speedy trial. The balance of the Barker factors under the facts of the case show Fisher’s constitutional right to a speedy trial was violated. Remands with instructions to dismiss the underlying action against Fisher.

James B. Perigo v. State of Indiana (NFP)
87A04-0911-PC-636
Post conviction. Affirms denial of petition for post-conviction relief.

Lake Hellene, Inc., v. The Charter Oak Fire Insurance Company, et al. (NFP)
49A04-0910-CV-557
Civil. Reverses partial summary judgment foreclosing the litigation of the “common enemy” defense for claims against Lake Hellene. Affirms refusal to grant partial summary judgment to Lake Hellene as to the applicability of a municipal drainage ordinance. Remands for further proceedings.

Dan Fry, et al. v. Wilma Sutherlin Hadley (NFP)
67A01-1002-PL-35
Civil plenary. Affirms order in favor of Hadley in her action for ejectment and against the Frys on their counterclaims for breach of contract, promissory estoppel, slander, and interference with a contractual relationship.

Ernest Lansford, III v. Allstate Insurance Company, et al. (NFP)
71A03-1003-PL-142
Civil plenary. Affirms judgment for Allstate in a negligence action for property damages resulting from a vehicle collision.

Term. of Parent-Child Rel. of J.A.; H.P. v. I.D.C.S. (NFP)
45A03-1001-JT-80
Juvenile. Affirms involuntary termination of parental rights.

Carl Lee Gary v. State of Indiana (NFP)
20A03-1004-CR-176
Criminal. Affirms sentence following guilty plea to three counts of forgery as Class C felonies, dealing in a sawed-off shotgun as a Class D felony, and domestic battery as a Class A misdemeanor.

Richard L. Cripe v. State of Indiana (NFP)
20A05-1002-CR-159
Criminal. Affirms denial of petition for permission to file a belated appeal.

Reymond Barnett v. State of Indiana (NFP)
49A05-0912-CR-738
Criminal. Affirms convictions of and sentence for Class B felonies robbery and criminal confinement.


Indiana Tax Court had posted no opinions at IL deadline.
 

ADVERTISEMENT

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. From back in the day before secularism got a stranglehold on Hoosier jurists comes this great excerpt via Indiana federal court judge Allan Sharp, dedicated to those many Indiana government attorneys (with whom I have dealt) who count the law as a mere tool, an optional tool that is not to be used when political correctness compels a more acceptable result than merely following the path that the law directs: ALLEN SHARP, District Judge. I. In a scene following a visit by Henry VIII to the home of Sir Thomas More, playwriter Robert Bolt puts the following words into the mouths of his characters: Margaret: Father, that man's bad. MORE: There is no law against that. ROPER: There is! God's law! MORE: Then God can arrest him. ROPER: Sophistication upon sophistication! MORE: No, sheer simplicity. The law, Roper, the law. I know what's legal not what's right. And I'll stick to what's legal. ROPER: Then you set man's law above God's! MORE: No, far below; but let me draw your attention to a fact I'm not God. The currents and eddies of right and wrong, which you find such plain sailing, I can't navigate. I'm no voyager. But in the thickets of law, oh, there I'm a forester. I doubt if there's a man alive who could follow me there, thank God... ALICE: (Exasperated, pointing after Rich) While you talk, he's gone! MORE: And go he should, if he was the Devil himself, until he broke the law! ROPER: So now you'd give the Devil benefit of law! MORE: Yes. What would you do? Cut a great road through the law to get after the Devil? ROPER: I'd cut down every law in England to do that! MORE: (Roused and excited) Oh? (Advances on Roper) And when the last law was down, and the Devil turned round on you where would you hide, Roper, the laws being flat? (He leaves *1257 him) This country's planted thick with laws from coast to coast man's laws, not God's and if you cut them down and you're just the man to do it d'you really think you would stand upright in the winds that would blow then? (Quietly) Yes, I'd give the Devil benefit of law, for my own safety's sake. ROPER: I have long suspected this; this is the golden calf; the law's your god. MORE: (Wearily) Oh, Roper, you're a fool, God's my god... (Rather bitterly) But I find him rather too (Very bitterly) subtle... I don't know where he is nor what he wants. ROPER: My God wants service, to the end and unremitting; nothing else! MORE: (Dryly) Are you sure that's God! He sounds like Moloch. But indeed it may be God And whoever hunts for me, Roper, God or Devil, will find me hiding in the thickets of the law! And I'll hide my daughter with me! Not hoist her up the mainmast of your seagoing principles! They put about too nimbly! (Exit More. They all look after him). Pgs. 65-67, A MAN FOR ALL SEASONS A Play in Two Acts, Robert Bolt, Random House, New York, 1960. Linley E. Pearson, Atty. Gen. of Indiana, Indianapolis, for defendants. Childs v. Duckworth, 509 F. Supp. 1254, 1256 (N.D. Ind. 1981) aff'd, 705 F.2d 915 (7th Cir. 1983)

  2. "Meanwhile small- and mid-size firms are getting squeezed and likely will not survive unless they become a boutique firm." I've been a business attorney in small, and now mid-size firm for over 30 years, and for over 30 years legal consultants have been preaching this exact same mantra of impending doom for small and mid-sized firms -- verbatim. This claim apparently helps them gin up merger opportunities from smaller firms who become convinced that they need to become larger overnight. The claim that large corporations are interested in cost-saving and efficiency has likewise been preached for decades, and is likewise bunk. If large corporations had any real interest in saving money they wouldn't use large law firms whose rates are substantially higher than those of high-quality mid-sized firms.

  3. The family is the foundation of all human government. That is the Grand Design. Modern governments throw off this Design and make bureaucratic war against the family, as does Hollywood and cultural elitists such as third wave feminists. Since WWII we have been on a ship of fools that way, with both the elite and government and their social engineering hacks relentlessly attacking the very foundation of social order. And their success? See it in the streets of Fergusson, on the food stamp doles (mostly broken families)and in the above article. Reject the Grand Design for true social function, enter the Glorious State to manage social dysfunction. Our Brave New World will be a prison camp, and we will welcome it as the only way to manage given the anarchy without it.

  4. When I hear 'Juvenile Lawyer' I think of an attorney helping a high school aged kid through the court system for a poor decision; like smashing mailboxes. Thank you for opening up my eyes to the bigger picture of the need for juvenile attorneys. It made me sad, but also fascinated, when it was explained, in the sixth paragraph, that parents making poor decisions (such as drug abuse) can cause situations where children need legal representation and aid from a lawyer.

  5. Some in the Hoosier legal elite consider this prayer recommended by the AG seditious, not to mention the Saint who pledged loyalty to God over King and went to the axe for so doing: "Thomas More, counselor of law and statesman of integrity, merry martyr and most human of saints: Pray that, for the glory of God and in the pursuit of His justice, I may be trustworthy with confidences, keen in study, accurate in analysis, correct in conclusion, able in argument, loyal to clients, honest with all, courteous to adversaries, ever attentive to conscience. Sit with me at my desk and listen with me to my clients' tales. Read with me in my library and stand always beside me so that today I shall not, to win a point, lose my soul. Pray that my family may find in me what yours found in you: friendship and courage, cheerfulness and charity, diligence in duties, counsel in adversity, patience in pain—their good servant, and God's first. Amen."

ADVERTISEMENT