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Opinions Jan. 13, 2012

January 13, 2012
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The Indiana Supreme Court posted the following opinions Thursday after IL deadline:
In the Matter of Augustus J. Mendenhall
32S00-1005-DI-230
Disciplinary. Permanently disbarrs Mendall, the attorney who attacked State Rep. Ed DeLaney in 2009 and was convicted as guilty but mentally ill on five felonies and sentenced to 40 years imprisonment. Concludes that Mendenhall violated Indiana Professional Conduct Rule 8.4(b) by committing criminal acts, including attempted murder, that reflect adversely on the lawyer's honesty, trustworthiness or fitness as a lawyer.
 
In the Matter of Nancy J. Flatt-Moore
30S00-0911-DI-535
Disciplinary. Issues a public reprimand to a deputy prosecutor that the Supreme Court found surrendered her prosecutorial discretion in plea negotiations entirely to the pecuniary demands of the victim of the crime. The court found she violated Rule 8.4(d) that prohibits attorneys from engaging in conduct prejudicial to the administration of justice.

Friday’s opinions
7th Circuit Court of Appeals
Kevin Harris v. Warrick County Sheriff’s Department
10-3706
U.S. District Court, Southern District of Indiana, Evansville Division, Chief Judge Richard Young.
Civil. Affirms District Court’s entry of summary judgment for the sheriff’s department in a case where a deputy sheriff’s probationary employment was terminated based on violations of standard operating procedures, failure to follow orders and insufficient commitment to the job. Harris’s circumstantial evidence of discrimination falls far short of supporting an inference that he was terminated because of his race.

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

Indiana Court of Appeals
Utility Center, Inc., d/b/a Aqua Indiana, Inc. v. City of Fort Wayne, Indiana
90A04-1101-PL-15
Civil. Affirms trial court judgment relating to a public utility’s property condemnation that was before the Fort Wayne Board of Public Works. Finds the trial court can and should decline to hold a jury trial and limit its review. Holds that judicial review of administrative determination of just compensation should be limited to the consideration of the agency record and other evidence on abuse of discretion.

In the Matter of the Term. of the Parent-Child Rel. of J.H. & Ja.H.; and M.H. v. The Indiana Dept. of Child Services (NFP)
48A05-1105-JT-225
Juvenile. Affirms trial court’s judgment terminating a mother’s parental rights to her two children.

In Re: The Commitment of A.M. v. Community North Hospital / Gallahue Mental Health Services (NFP)
49A02-1109-MH-887
Mental Health. Affirms that sufficient evidence was presented to support an involuntary commitment and finds the appeal is moot because the commitment expired Dec. 21, 2011.
 

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  1. Is it possible to amend an order for child support due to false paternity?

  2. He did not have an "unlicensed handgun" in his pocket. Firearms are not licensed in Indiana. He apparently possessed a handgun without a license to carry, but it's not the handgun that is licensed (or registered).

  3. Once again, Indiana's legislature proves how friendly it is to monopolies. This latest bill by Hershman demonstrates the lengths Indiana's representatives are willing to go to put big business's (especially utilities') interests above those of everyday working people. Maassal argues that if the technology (solar) is so good, it will be able to compete on its own. Too bad he doesn't feel the same way about the industries he represents. Instead, he wants to cut the small credit consumers get for using solar in order to "add a 'level of certainty'" to his industry. I haven't heard of or seen such a blatant money-grab by an industry since the days when our federal, state, and local governments were run by the railroad. Senator Hershman's constituents should remember this bill the next time he runs for office, and they should penalize him accordingly.

  4. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  5. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

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