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Opinions July 13, 2010

July 13, 2010
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Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals

Michael Akens v. State of Indiana
49A05-0912-CR-687
Criminal. Affirms sentence imposed following guilty plea to child molesting. The trial court’s statement that Akens could appeal his sentence wasn’t made until after the court had accepted the plea agreement and entered Akens’ sentence. The agreement included his express waiver of his right to appeal his sentence.

Deborah Edwards v. State of Indiana
49A02-0911-CR-1093
Criminal. Reverses conviction of Class D felony criminal recklessness. Evidence of a defendant’s absence from a crime scene is not an “alibi” defense. It is a rebuttal of the prosecution’s contention the defendant was present and thus capable of committing the crime. Remands for a new trial.

Randy Allen Long v. State of Indiana (NFP)
79A02-0909-CR-903
Criminal. Affirms convictions of Class D felony possession of marijuana and Class A misdemeanor possession of paraphernalia.

John C. Cole, Jr. v. Patrick V. Baker (NFP)
49A02-0910-CV-960
Civil. Reverses summary judgment for attorney Patrick Baker after he refused to return money Cole paid him as a retainer.

A.E. v. State of Indiana (NFP)
49A04-1001-JV-17
Juvenile. Affirms adjudication for committing what would be Class B and Class C felony child molesting if committed by an adult.

Ronald Wright v. State of Indiana (NFP)
46A03-0912-CR-594
Criminal. Affirms denial of motion to correct erroneous sentence.

Douglas K. Huffnagel v. Christopher F. Cline (NFP)
20A05-0911-CV-662
Civil. Affirms grant of Cline’s motion for a directed verdict in favor of Cline on Huffnagel’s claims for negligence and injuries following an automobile accident.

Timothy Charles Wakefield v. State of Indiana (NFP)
48A04-0911-CR-647
Criminal. Remands case for a sentencing statement that clearly explains its finding of aggravating and mitigating circumstances and its reasons for imposing consecutive sentences following guilty plea to Class D felonies criminal recklessness, maintaining a common nuisance, dealing in marijuana, and possession of a controlled substance.

William D. Baxter v. State of Indiana (NFP)
49A02-0908-PC-724
Post conviction. Reverses denial of petition for post-conviction relief.

Otis A. Tate, Jr. v. State of Indiana (NFP)
71A04-1003-CR-138
Criminal. Affirms conviction of Class C felony forgery.

William Kerr v. State of Indiana (NFP)
49A05-0911-CR-639
Criminal. Affirms conviction of operating a vehicle while intoxicated as a Class A misdemeanor.

D.C.B. Alleged to be C.H.I.N.S.; P.B. and Da.B. v. Marion County DCS and Child Advocates (NFP)
49A02-0912-JV-1204
Juvenile. Affirms finding D.C.B. is a child in need of services.

Term. of Parent-Child Rel. of K.I. and R.I.; K.K. and C.I. v. IDCS (NFP)
20A03-0912-JV-562
Juvenile. Affirms termination of parental rights.

Andy Zulu v. State of Indiana (NFP)
49A02-0911-CR-1113
Criminal. Affirms convictions of and sentences for Class B felonies rape, and criminal deviate conduct.

Donald Johnston, et al. v. Carl W. Johnston, et al. (NFP)
43A03-0912-CV-568
Civil. Affirms the trial court’s judgment and order for distribution of sale proceeds.

James Gilman v. State of Indiana (NFP)
48A05-0908-PC-462
Post conviction. Affirms denial of petition for post-conviction relief and remands with instructions to enter an amended sentencing order.

Kenneth McClung v. State of Indiana (NFP)
49A02-0912-CR-1275
Criminal. Affirms conviction of Class B felony aggravated battery.

V.B. v. Review Board of the Indiana Dept. of Workforce Development and Daimler Chrysler Co. LLC (NFP)
93A02-0911-EX-1140
Civil. Affirms dismissal of V.B.’s appeal of a determination that she was not eligible for benefits.

Lewis Vasquez v. State of Indiana (NFP)
27A02-1002-CR-135
Criminal. Reverses sentence following guilty plea to Class B felonies criminal confinement and burglary while armed with a deadly weapon. Remands for re-sentencing.

John B. Felder v. State of Indiana (NFP)
48A02-0902-CV-156
Civil. Affirms judgment in favor of the state and Department of Correction employees in Felder’s complaint regarding events that allegedly occurred while he was at Pendleton Correctional Facility.

Indiana Tax Court had 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.

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  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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