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Opinions Dec. 16, 2011

December 16, 2011
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7th Circuit Court of Appeals had issued no Indiana opinions at IL deadline.

Indiana Court of Appeals
Justin M. Corwin v. State of Indiana
79A04-1005-CR-296
Criminal. Reverses conviction of Class C felony possession of a controlled substance, holding that a police officer exceeded the limits of a search as defined by Terry v. Ohio, 392 U.S. 1, 30 (1968), and therefore, the evidence he obtained in the search should not have been admitted at trial.

Will Arline v. State of Indiana (NFP)
48A04-1103-CR-133
Criminal. Affirms conviction of three counts of Class C felony forgery.

Robert Morelock v. State of Indiana (NFP)
29A02-1108-CR-736
Criminal. Affirms sentence for Class D felony invasion of privacy.

Arthur Dedrick Green v. State of Indiana (NFP)
45A05-1105-CR-230
Criminal. Affirms sentence for Class A felony voluntary manslaughter.

Frederick Allen v. State of Indiana (NFP)
49A02-1101-CR-2
Criminal. Affirms conviction of murder.

Mark Koers v. State of Indiana (NFP)
49A04-1105-CR-243
Criminal. Affirms trial court’s denial of motion to suppress evidence.

Diana L. Gipson v. Craig G. Gipson (NFP)
79A05-1103-DR-138
Domestic relation. Remands to the trial court to recalculate spousal maintenance award, holding the court did not account for the disparity in earnings potential.

Harvey Byrd v. State of Indiana (NFP)
49A02-1106-CR-478
Criminal. Affirms convictions of Class B felony robbery, Class B felony criminal confinement and Class C felony carrying a handgun without a license.

Chris Fields v. State of Indiana (NFP)
49A04-1105-CR-223
Criminal. Reverses conviction of Class B felony unlawful possession of a firearm by a serious violent felon.

Mario J. Gaston v. State of Indiana (NFP)
84A01-1105-CR-198
Criminal. Affirms conviction of Class B felony aggravated battery.

Jeryl R. Bingham v. State of Indiana (NFP)
49A05-1107-PC-409
Post conviction. Affirms denial of petition for post-conviction relief.

Indiana Supreme Court and Indiana Tax Court had issued no opinions at IL deadline.
 

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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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