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Opinions Feb. 21, 2012

February 21, 2012
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7th Circuit Court of Appeals had posted no Indiana opinions at IL deadline.

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

Indiana Court of Appeals

Herbert Yanez v. State of Indiana
49A02-1104-CR-362
Criminal. Reverses conviction of possession of marijuana as a Class A misdemeanor and remands for further proceedings. There was no evidence presented as to why Yanez was stopped and the evidence presented didn’t establish the reasonableness of the state’s actions. Judge Barnes concurs in result in a separate opinion.

State of Indiana v. Christopher Vickers
88A05-1106-PC-317
Post conviction. Reverses grant of post-conviction relief to Vickers. The court erred by concluding that Vickers had not knowingly waived his right to counsel.

Paul K. Ogden v. Stephen Robertson, et al.
49A05-1101-CT-45
Civil tort. Affirms summary judgment in favor of defendants Robertson, et al., with respect to Ogden’s wrongful termination claim. The trial court did not err in finding that the Indiana Department of Insurance defendants did not violate Ogden’s rights under Article I, Section 9 of the Indiana Constitution, that Ogden did not derive due process rights from Executive Order 05-14, and Ogden improperly failed to exhaust his administrative remedies.

In Re: Indiana Newspapers, Inc. d/b/a The Indianapolis Star, Jeffrey M. Miller & Cynthia S. Miller v. Junior Achievement of Central Indiana, Inc.; Jennifer Burk; et al.
49A02-1103-PL-234
Civil plenary. Remands to trial court to apply modified Dendrite test to determine if the Indianapolis Star must provide information to Jeffrey Miller that would identify an anonymous online commenter.

Term. of Parent-Child Rel. of K.C. and K.M., Jr.; J.C. (Mother), B.D.T. (Father of K.C.) and K.M., Sr. (Father of K.M., Jr.) v. Indiana Dept. of Child Services (NFP)
20A03-1107-JT-314
Juvenile. Affirms termination of parental rights.

Charles Duncan v. State of Indiana (NFP)
17A03-1110-CR-446
Criminal. Affirms sentence following guilty plea to Class A felony child molesting.

John Q. Lloyd v. State of Indiana (NFP)
71A05-1105-CR-270
Criminal. Affirms conviction of felony murder.

Michael Lee Larry v. State of Indiana (NFP)
18A02-1106-CR-549
Criminal. Affirms sentence following guilty plea to two counts of Class B felony dealing in cocaine.

Tony V. Hawkins v. State of Indiana (NFP)
56A05-1110-PC-524
Post conviction. Affirms denial of petition for post-conviction relief.

Willie Joseph v. State of Indiana (NFP)
49A02-1106-CR-570
Criminal. Affirms conviction of Class B misdemeanor public intoxication.

Dixie Diana Schulz and Joseph Schulz v. The Kroger Co., Kroger Limited Partnership I, Seven-Up American Bottling Co., The American Bottling Co., Dr. Pepper/Seven-Up Inc., et al. (NFP)
32A05-1107-CT-368
Civil tort. Affirms summary judgment in favor of Kroger and other defendants with respect to Kroger’s knowledge about the existence of hazardous conditions in its store.

Jay Wallace v. State of Indiana (NFP)
29A02-1107-CR-645
Criminal. Affirms conviction of and sentence for Class D felony theft.

Fayazz Chowdhry v. Estate of Mustansar L. Chaudhry (NFP)
46A05-1103-EU-118
Estate, unsupervised. Affirms grant of the motion to dismiss filed by the representatives of the estate of Mustansar Chaudhry.

Trina Stover Thorstenson v. State of Indiana (NFP)
42A01-1106-CR-287
Criminal. Affirms partial denial of motion for credit time following revocation of probation.
 

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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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