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Opinions Dec. 20, 2012

December 20, 2012
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7th Circuit Court of Appeals
Joshua Beller, a minor, by his next friend and mother, Melissa Welch, et al. v. Health and Hospital Corp. of Marion County Ind., d/b/a Wishard Memorial Hospital d/b/a Wishard Ambulance Service
11-3691
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Tanya Walton Pratt.
Civil. Affirms summary judgment for the defendants on the plaintiffs lawsuit alleging violation of the Emergency Medical Treatment and Active Labor Act by failing to stabilize Welch and her son during an emergency medical situation. Because the Wishard ambulance was operating under the EMS protocol at the time the plaintiffs were in it, the plaintiffs had not come to the Wishard emergency department under the EMTALA, and the plaintiffs’ claim cannot succeed.

United States of America v. James Elliott
11-2766
U.S. District Court, Northern District of Indiana, Hammond Division, Chief Judge Philip P. Simon.
Criminal. Finds the District Court committed no error in finding that Elliott’s burglaries occurred on different occasions for purposes of the ACCA. The burglaries occurred on different days and involved different residences and victims. Under any plausible construction of the statute’s different-occasions language, the burglaries constituted distinct criminal episodes. Reconsideration of the approach that this court adopted in Hudspeth would not lead to a different result on the facts of this case. To the extent that the statute produces results that are perceived as unjust, the problem is one for Congress to fix rather than this court.

Christopher Parish v. City of Elkhart, Indiana, et al.
11-1669
U.S. District Court, Northern District of Indiana, South Bend Division, Judge Rudy Lozano.
Civil. Because the District Court’s rulings improperly limited the introduction of evidence relating to Parish’s innocence, and that evidence was critical to the damages issue, the award of damages cannot stand. The excluded evidence did not impact the jury’s consideration of the liability issue and that issue is not before us on appeal, and therefore a new trial is required only as to the damages issue. See Cobige v. City of Chicago, IL, 651 F.3d 780, 785 (7th Cir. 2011).  Accordingly, the jury’s determination of liability is affirmed, the award of damages is vacated, and the case remanded for a new trial as to the issue of damages only. Circuit Rule 36 shall apply on remand. Costs on appeal are to be taxed against appellees.

Indiana Court of Appeals
Jeffrey Higgenbottom v. State of Indiana (NFP)
49A05-1203-CR-108
Criminal. Affirms conviction of burglary, finding Higgenbottom is a habitual offender, and his 14-year sentence.

M.C.-G. v. M.G. (NFP)
29A02-1110-DR-978
Domestic relation. Dismisses wife’s appeal of the child custody and property division orders for lack of subject matter jurisdiction. Wife’s appeal of the modification order is timely, but the issues raised aren’t supported by a cogent argument. Denies husband’s request for appellate attorney fees.

Otto McGee v. State of Indiana (NFP)
49A02-1205-CR-376
Criminal. Affirms revocation of placement on home detention.

Michael B. Buckner v. State of Indiana (NFP)
36A05-1203-CR-166
Criminal. Affirms sentence for two counts of Class C felony incest.

In Re The Matter of the Adoption of A.S.P.: R.S.P. v. J.C.S. (NFP)

82A04-1205-AD-227
Adoption. Affirms denial of grandfather’s motion to intervene in a proceeding involving the adoption of his grandson.

Ronald Edward Madison v. State of Indiana (NFP)
71A04-1206-CR-332
Criminal. Affirms convictions of Class D felony resisting law enforcement and Class C misdemeanor operator never licensed.

John Chupp v. State of Indiana (NFP)
49A05-1206-CR-328
Criminal. Affirms denial of motion to correct erroneous sentence.

Anthony Anderson v. State of Indiana (NFP)
49A02-1205-CR-429
Criminal. Remands with instructions to rectify clerical errors in Anderson’s abstract of judgment and chronological case summary.

Kevin W. Black v. State of Indiana (NFP)
02A03-1205-CR-209
Criminal. Affirms sentence for Class D felony battery and Class A misdemeanor resisting law enforcement.

The Marion County Sheriff's Department v. Gwendolyn Y. Davis, individually and as Administratrix of the Estate of Anthony J. Robinson, Jr. (NFP)
49A04-1201-CT-14
Civil tort. Affirms denial of summary judgment for the sheriff’s department regarding the estate’s claims, but reverses denial of summary judgment regarding Davis’ individual claims.

Term. of the Parent-Child Rel. of J.M., M.M., A.M., and S.M.: R.M. & H.M. v. The Indiana Dept. of Child Services (NFP)
04A03-1204-JT-184
Juvenile. Affirms involuntary termination of parental rights.

Netiko Jones v. State of Indiana (NFP)
49A05-1205-CR-222
Criminal. Affirms convictions of Class A felony dealing in cocaine within 1,000 feet of a public park, Class B felony possession of cocaine, Class A felony possession of three or more grams of cocaine with intent to deliver and Class A misdemeanor resisting law enforcement.

Joseph B. O'Brien v. State of Indiana (NFP)
08A02-1204-CR-330
Criminal. Affirms conviction of Class D felony operating a vehicle as a habitual traffic violator.
 

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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.

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  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.

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  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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