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Opinions July 8, 2013

July 8, 2013
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7th Circuit Court of Appeals
Cincinnati Life Insurance Company v. Marjorie Beyrer
12-2365
Civil plenary. Affirms District Court rulings against Marjorie Beyrer, widow of Kevin Beyrer, in a life insurance dispute. The court found no merit on the issues she appealed after she failed to be awarded proceeds from her husband’s life insurance policy that was assigned to a third party. Dismissal of some claims for failing to comply with federal pleading standards and summary judgment in favor of Cincinnati Life on other claims was not an abuse of discretion, the court ruled.

Indiana Court of Appeals
Jason J. Klinker v. State of Indiana (NFP)
08A05-1301-CR-26
Criminal. Affirms trial court’s sentence of three years for Class D felony escape.

In Re: Paternity of B.B.; M.B. v. Y.M.M. (NFP)
71A04-1208-JP-447
Juvenile Paternity. Affirms juvenile court’s finding that M.B., the father, was in contempt for failing to pay certain childcare expenses and that, Y.M.M., the mother, was not in contempt of any court order regarding visitation.

Tharl Pinkston v. State of Indiana (NFP)
38A02-1210-CR-829
Criminal. Affirms trial court’s revocation of Pinkston’s probation.

Jeffrey Bowles v. State of Indiana (NFP)
12A02-1208-CR-654
Criminal. Affirms Bowles’ conviction for Class D felony domestic battery.

Edwin Valladares v. State of Indiana (NFP)
49A04-1211-CR-568
Criminal. Affirms Valladares’ convictions following a bench trial for five counts of Class A felony child molesting, two counts of Class C felony child molesting, and one count of Class B misdemeanor voyeurism.

Daniel Paul Foster v. State of Indiana (NFP)

53A01-1209-CR-414
Criminal. Affirms trial court’s sentencing of Foster to an aggregated 26 years executed in the Department of Correction: 20 years for Class B felony aggravated battery, three years each for the two counts of Class D felony battery resulting in bodily injury to a penal facility employee (to be served consecutively to each other and to the 20 year sentence for Class B felony aggravated battery), and one year for Class A misdemeanor criminal mischief (to be served concurrently to the other sentences).

In Re The Guardianship of Carlton H. Word; Timothy W. Word and Tracy L. Wise v. Rance Buehrer, Guardian of Carlton H. Word (NFP)
76A03-1209-GU-395
Guardianship. Affirms trial court’s judgment that under the terms of the June 4, 1998, second amendment to Carlton’s trust, the Zimmerman Farm must be distributed as part of the trust residuary, rather than as a specific bequest under the trust or pursuant to an undelivered, unrecorded deed.

Christopher Long v. State of Indiana (NFP)
71A03-1211-CR-480
Criminal. Affirms post-conviction court’s denial of Long’s petition for post-conviction relief.

Terrence Boyd v. State of Indiana (NFP)
49A05-1210-CR-498
Criminal. Affirms Boyd’s conviction, after a bench trial, for battery as a Class B misdemeanor.

Benjamen Benjamen v. State of Indiana (NFP)
49A04-1210-CR-524
Criminal. Affirms Benjamen’s conviction for resisting law enforcement, a Class A misdemeanor.

The Indiana Supreme Court and Tax Court issued no opinions prior to 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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