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Opinions Feb. 28, 2013

February 28, 2013
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Indiana Court of Appeals
Verdyer Clark v. State of Indiana
49A04-1202-CR-66
Criminal. Grants rehearing for clarification and affirms in all respects. Holds that the determination whether the age of a perpetrator is relevant to a child victim’s medical diagnosis or treatment is best left to another case.

David A. Turner v. Debbie L. Turner
85A02-1208-DR-704
Domestic relation. Reverses order denying David Turner’s petition to terminate child support for his 19-year-old child filed based on a change in Indiana Code 31-16-6-6. The trial court’s failure to follow the law as set forth by the Legislature was an abuse of discretion, and the court had no discretion to extend the father’s duty to pay child support beyond what is required by the law.

Alexander Nikolayev v. Natalia Nikolayev

49A05-1207-DR-372
Domestic relation. Affirms child support and property division orders in the Nikolayevs’ dissolution of marriage. The trial court did not err in ordering that the entire amount of Alexander Nikolayev’s salary and regular bonuses be treated as weekly gross income for the purposes of determining his child support obligation.

James E. Mefford v. State of Indiana

15A04-1208-CR-394
Criminal. Affirms 100-year aggregate sentence for Class A felony child molesting and Class B felony dealing in a schedule II controlled substance. Mefford failed to persuade the judges that his sentence is inappropriate.

Eagle Aircraft, Inc. v. Anthony Trojnar

64A04-1207-SC-386
Small claim. Affirms small claims judgment in favor of Trojnar and the denial in part of Eagle Aircraft’s motion to correct errors. The trial court’s ruling that Trojnar demonstrated extenuating circumstances was not clearly erroneous and Trojnar was not unjustly enriched by the court’s order.

Joseph E. Sanders v. State of Indiana (NFP)
02A03-1208-CR-372
Criminal. Affirms convictions and sentence for Class D felony domestic battery and Class D felony escape.

Donald W. Campbell v. State of Indiana (NFP)

45A04-1109-CR-473
Criminal. Affirms conviction and sentence for murder.

Jennifer Simpson v. Donald Simpson (NFP)
02A03-1204-DR-168
Domestic relation. Affirms denial of Jennifer Simpson’s motion for relief from judgment pursuant to Ind. Trial Rule 60(B).

Loren H. Fry v. Terry L. Schroder and Robert C. Schroder, Individually and as beneficiaries and personal representatives of the Estate of David H. Schroder (NFP)
09A02-1206-CT-474
Civil tort. Affirms order denying Fry’s motion to stay the civil proceedings brought against him by the Schroders, individually and as beneficiaries and personal representatives of the estate.

Term. of the Parent-Child Rel. of K.M. and J.H., Jr.: K.M., Mother of K.M. and J.H., Jr.; M.M., Father of K.M.; and J.H., Sr., Father of J.H., Jr. (NFP)
20A04-1206-JT-334
Juvenile. Affirms termination of parental rights.

Anthony Szuch v. State of Indiana (NFP)
82A04-1208-CR-403
Criminal. Affirms conviction of Class A misdemeanor possession of marijuana.

Larry Collins, Jr. v. State of Indiana (NFP)
71A05-1206-PC-319
Post conviction. Affirms denial of petition for post-conviction relief.

Frederick James Burton v. State of Indiana (NFP)
71A04-1208-CR-426
Criminal. Affirms revocation of probation and order that Burton serve entire previously suspended sentence, with credit for time served.

Bret Shaw v. Bryan C. Jerman (NFP)
49A02-1203-PL-164
Civil plenary. Reverses summary judgment for Jerman and remands for further proceedings on Shaw’s lawsuit after he was denied insurance coverage for losses claimed after a burglary.

F.E. v. J.E. (NFP)
55A01-1207-DR-311
Domestic relation. Affirms in part, reverses in part the decree and property disposition order in the dissolution of marriage and remands for further proceedings.

F.G. v. State of Indiana (NFP)

49A04-1208-JV-415
Juvenile. Affirms adjudication that F.G. committed what would be Class D felony intimidation if committed by an adult.

Danny Clark v. State of Indiana (NFP)
59A01-1205-CR-203
Criminal. Affirms sentence for Class B misdemeanors public intoxication and disorderly conduct and remands for the trial court to apply any credit time earned to the suspended portion of Clark’s sentence. Judge Melissa May concurs in result.

In Re the Paternity of: B.V.L., S.B. v. B.L. (NFP)
48A02-1206-JP-491
Juvenile. Affirms grant of custody of B.V.L. to father B.L.

Jeramie Rangel v. State of Indiana (NFP)

27A05-1206-CR-308
Criminal. Affirms sentence following conviction of Class C felony nonsupport of a dependent child.

The Indiana Supreme Court and Tax Court posted no decisions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana opinions by IL deadline.
 

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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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