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Opinions Dec. 11, 2012

December 11, 2012
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Indiana Court of Appeals
Paul Henry Gingerich v. State of Indiana
43A05-1101-CR-27
Criminal. Reverses conviction of Class A felony conspiracy to commit murder and remands for further proceedings. The juvenile court abused its discretion when it denied Gingerich’s request for a continuance.

James O. Young v. State of Indiana
20A04-1112-CR-699
Criminal.  Reverses Young’s conviction of Class D felony strangulation subject to possible retrial. The admission of Young’s girlfriend’s statements to the firefighters did not violate Young’s confrontation rights under the 6th Amendment, but her statements to a police officer were not admissible as excited utterances. Reverses conviction of Class D felony domestic battery as the evidence does not support that children were present when the domestic battery occurred. Remands with instructions that judgment be entered as a Class A misdemeanor.

Johnny Mosby v. State of Indiana (NFP)
49A02-1205-CR-403
Criminal. Affirms conviction of Class A misdemeanor operating while intoxicated.

Douglas A. Schwan v. Linda D. Schwan (NFP)
80A05-1204-DR-171
Domestic relation. Affirms division of marital property.

Phyllis Allen v. State of Indiana (NFP)
82A04-1205-CR-263
Criminal. Affirms conviction of Class A misdemeanor battery.

Richard A. Walls v. Janet Walls (NFP)
10A01-1112-DR-572
Domestic relation. Affirms determination that the real property was commingled with the marital estate and the decision to award Janet Walls a one-half interest in the real property.

Chad E. Aslinger v. State of Indiana (NFP)
68A04-1205-DR-259
Domestic relation. Reverses finding of contempt of court for failure to pay child support.

Garland Aschenbrenner, Winifred Aschenbrenner, and South Bend Carpetland USA, Inc., d/b/a Abbey Carpets and Floors v. Melvin H. Sandock Inter Vivos Revocable Trust, et al. (NFP)
71A04-1201-PL-96
Civil plenary. Vacates judgment in favor of the revocable trusts and the Sandocks that awarded damages of $180,183.11 plus attorney fees. Remands with instructions.

Steven T. Lakes v. State of Indiana (NFP)
15A01-1204-CR-186
Criminal. Affirms sentence following guilty plea to Class D felonies operating a vehicle while intoxicated with a passenger less than 18 years of age and operating a vehicle as a habitual traffic violator, and being a habitual substance offender.

Bradley S. Sater v. State of Indiana (NFP)
32A04-1204-CR-182
Criminal. Affirms conviction of Class A felony dealing in methamphetamine and remands with instructions to vacate the conviction of Class C felony possession of methamphetamine.

 

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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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