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Opinions July 12, 2012

July 12, 2012
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7th Circuit Court of Appeals
Carlene M. Craig, et al. v. FedEx Ground Package System Inc.
10-3115
U.S. District Court, Northern District of Indiana, South Bend Division, Judge Robert L. Miller Jr.
Multidistrict litigation. Certifies two questions to the Kansas Supreme Court in a suit that was based on the Employee Retirement Income Security act and Kansas law regarding whether FedEx drivers are employees or independent contractors. Craig is the “lead” case in a nationwide class action.

Indiana Supreme Court
State of Indiana v. Steven Ray Hollin
69S05-1201-PC-6
Post conviction. Affirms judgment of the post-conviction court and remands for a new trial. Hollin is entitled to a new trial because of ineffective assistance of trial counsel and prosecutorial misconduct.

Indiana Court of Appeals
Andrew McWhorter v. State of Indiana
33A01-1202-PC-72
Post conviction. Reverses denial of petition for post-conviction relief, where McWhorter challenged his conviction of voluntary manslaughter. McWhorter’s trial attorney was ineffective for failing to object to the voluntary manslaughter instruction given to the jury. Remands for retrial on reckless homicide.

Robert L. Jackson v. State of Indiana (NFP)
27A02-1112-CR-1122
Criminal. Affirms conviction of Class B felony possession of cocaine within 1,000 feet of a family housing complex.

Anthony K. McCullough v. State of Indiana (NFP)
49A02-1110-CR-955
Criminal. Reverses revocation of probation.

Jocelyn Allen v. State of Indiana (NFP)
49A02-1111-CR-1053
Criminal. Affirms conviction of Class A misdemeanor OWI with endangerment and remands for the trial court to vacate the conviction for Class C misdemeanor OWI.

Jeffrey A. Booth v. State of Indiana (NFP)
84A01-1111-CR-560
Criminal. Affirms revocation of probation and imposition of the entirety of Booth’s suspended 4-year sentence.

Alejandro Prado v. State of Indiana (NFP)
48A02-1110-CR-1094
Criminal. Affirms convictions of Class C felonies criminal confinement resulting in bodily injury and battery resulting in bodily injury to a pregnant woman; Class D felony strangulation, Class A misdemeanor domestic battery, and Class B misdemeanor disorderly conduct.

Anthony Ray Ewing v. State of Indiana (NFP)
45A03-1109-CR-447
Criminal. Affirms conviction of Class C felony battery.

In the Matter of Child Alleged to be a Child in Need of Services: D.L. (Minor Child), and K.S. (Mother) v. The Indiana Dept. of Child Services (NFP)
82A05-1111-JC-628
Juvenile CHINS. Affirms order finding D.L. a child in need of services.

Term. of Parent-Child Rel. of T.A.B.; T.B. (Father) v. The Indiana Dept. of Child Services, and Child Advocates, Inc. (NFP)
49A02-1111-JT-1062
Juvenile termination. Affirms involuntary termination of parental rights.

Norrene Sullivan v. Kindred Nursing Center (NFP)
93A02-1202-EX-143
Agency appeal. Remands to the Worker’s Compensation Board with instructions that it enter new findings of fact and conclusions of law consistent with the opinion with regards to Sullivan’s application for adjustment of claim.

Kevin Taylor v. State of Indiana (NFP)
20A03-1112-CR-563
Criminal. Affirms conviction and sentence for murder.

Indiana Tax Court posted no opinions at 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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