ILNews

Opinions July 5, 2011

July 5, 2011
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Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Larry E. Snell v. K-Industrial, LLC (NFP)
02A03-1010-CC-523
Collections. Affirms trial court’s judgment in favor of K-Industrial and trial court’s partial summary judgment in favor of Larry Snell. Reverses award of attorney fees to Snell, holding that Snell’s complaint did not arise from his agreement with K-Industrial.

Jasper L. Chastain v. State of Indiana (NFP)
47A01-1009-CR-543
Criminal. Affirms sentence for Class B felony dealing in methamphetamine.

John Battles v. State of Indiana (NFP)
49A02-1012-CR-1279
Criminal. Affirms conviction of Class D felony auto theft.  

Duron Reese Smith v. State of Indiana (NFP)
71A03-1012-CR-679
Criminal. Affirms convictions of Class C felony battery.

Michael D. Webb v. State of Indiana (NFP)
82A03-1011-CR-599
Criminal. Affirms consecutive sentences for two counts of resisting law enforcement.

Christopher C. Craft v. State of Indiana (NFP)
84A01-1010-CR-530
Criminal. Affirms sentence for Class A felony burglary.

Claude R. Fisher v. State of Indiana (NFP)
45A03-1010-CR-530
Criminal. Affirms sentence for Class C felony battery.

Kathy Atkinson v. Indiana Family and Social Services Administration (NFP)
49A02-1101-PL-28
Civil plenary. Affirms trial court’s decision on judicial review affirming the State of Indiana Family and Social Services Administration’s finding that Kathy Atkinson owed $4,956 due to overpayment of food stamp benefits.

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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