ILNews

Opinions July 28, 2011

July 28, 2011
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Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Jason Keigley v. State of Indiana (NFP)
49A04-1012-CR-743
Criminal. Affirms convictions of and sentence for Class C felony identity deception and five counts of Class D felony fraud in loan brokering.

Michael Yates v. State of Indiana (NFP)
34A05-1009-CR-582
Criminal. Affirms convictions of felony aiding, inducing, or causing murder and two counts of aiding, inducing, or causing attempted murder as Class A felonies.

Christina Smith v. Trilogy Health Services (NFP)
67A05-1006-PL-644
Civil plenary. Reverses order Smith pay $1,000 in attorney fees to Trilogy Health Services as a sanction for a discovery dispute. Remands for further proceedings.

Metals & Additives Corp., Inc., et al. v. Dagoberto Hornedo, et al. (NFP)
49A02-1011-PL-1213
Civil plenary. Affirms denial of Metals & Additives Corp.’s request for injunctive relief seeking to prevent Hornedo and St. Louis Group from using MAC trade secrets and alleging Hornedo breached his fiduciary duties.

Kimberly A. Kelley v. State of Indiana (NFP)
45A04-1010-CR-638
Criminal. Affirms conviction of Class A felony neglect of a dependent, revises the sentence to the advisory sentence, and remands with instructions to vacate the Class A felony battery conviction and sentence.

Betty Nolot v. Richard A. Nolot, et al. (NFP)
22A01-1012-PL-643
Civil plenary. Affirms denial of summary judgment for Richard Nolot as to the invasion of privacy claim and the grant of summary judgment for Richard on the trespass claim. Reverses grant of summary judgment for Richard on the conversion, unjust enrichment, and replevin claims. Remands for further proceedings.

Johnnie Gustafson v. State of Indiana (NFP)
05A04-1010-CR-647
Criminal. Affirms sentence following guilty plea to Class D felony possession of a controlled substance.

Marvin Ervin v. State of Indiana (NFP)
49A05-1107-CR-347; 49A02-1002-CR-123
Criminal. On remand from Indiana Supreme Court, affirms conviction of Class D felony theft and adjudication as a habitual offender.

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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