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Opinions Jan. 19, 2012

January 19, 2012
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7th Circuit Court of Appeals had posted no opinions at IL deadline.

Indiana Supreme Court
Chrysler Group, LLC v. Review Board of the Indiana Dept. of Workforce Development and T.A., et al.
93S02-1109-EX-565
Agency appeal. Affirms award of benefits to Chrysler employees offered a buyout. By Chrysler’s own words — to Congress and its own employees — Enhanced Voluntary Termination of Employment Program was part of a company-wide effort intended to avert twenty-nine manufacturing plant closures, twenty-two parts depot closures, and 53,000 layoffs. The board’s conclusion on this issue of ultimate fact was reasonable.

Indiana Court of Appeals
Tommy D. Alfrey v. State of Indiana
http://media.ibj.com/Lawyer/websites/opinions/index.php?pdf=2012/january/01191203cjb.pdf
54A01-1104-CR-169
Criminal. Affirms convictions in three separate cause numbers of Class D felony residential entry, theft, escape and residential entry, Class A misdemeanor trespass, and revocation of probation. Intoxication is not a defense and Alfrey’s situation does not fall under the two narrow exceptions outlined in I.C. 35-41-3-5.

Fernando Contreras v. State of Indiana (NFP)
45A03-1106-CR-255
Criminal. Affirms sentence following guilty pleas to Class B felony burglary and Class C felony escape.

Beth E. Myers v. Rising Sun-Ohio County Community School Corporation (NFP)
58A05-1104-CT-193
Civil tort. Affirms summary judgment for the school corporation on Myers’ complaint asserting she was wrongfully discharged in retaliation for her workers' compensation claim.

Term. of Parent-Child Rel. of K.T.; K.A. (Father) v. Indiana Dept. of Child Services, and Lake County CASA (NFP)
45A03-1105-JT-207
Juvenile. Affirms termination of parental rights.

Raymond Benjamin Gray v. State of Indiana (NFP)
82A04-1106-CR-327
Criminal. Affirms sentence for convictions of Class C felony criminal recklessness and Class A misdemeanor carrying a handgun without a license.

Marie Robinson v. State of Indiana (NFP)

67A01-1107-CR-306
Criminal. Affirms convictions of Class B felony burglary and Class D felony theft.

Stacey L. Certain v. State of Indiana (NFP)
91A02-1106-CR-546
Criminal. Reverses sentence for Class C felony operating a motor vehicle after forfeiture of license for life and remands with instructions to resentence Certain to the advisory sentence of four years.

Bart A. Dewald v. State of Indiana (NFP)
20A03-1010-CR-541
Criminal.  Affirms sentences for conspiracy to commit aggravated battery, criminal confinement, intimidation, pointing a firearm, and criminal recklessness, and remands with instructions to vacate one conviction of conspiracy to commit aggravated battery and resentence Dewald in accordance with the opinion. Judge Baker concurs in part and dissents in part.

I.M. v. State of Indiana (NFP)
49A04-1101-JV-41
Juvenile. Grants rehearing and affirms original decision reversing the juvenile court’s order of restitution. Remanded for a new restitution hearing.

Dominique Guyton v. State of Indiana (NFP)
49A02-1107-PC-724
Post conviction. Affirms denial of petition for post-conviction relief.

Indiana Tax Court had posted 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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