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Opinions June 15, 2010

June 15, 2010
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Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Jeffrey D. Boggs v. State of Indiana
40A01-0907-CR-346
Criminal. Affirms convictions of and 40-year sentence for Class B felony attempted dealing in methamphetamine, two counts of Class C felony possession of a precursor while in possession of a firearm, Class D felony possession of methamphetamine, Class A misdemeanor possession of marijuana, and finding that Boggs is a habitual offender. The police officer had a legitimate reason for being on Boggs’ property and didn’t move anything to observe the gas tank inside of Boggs’ car. The state presented sufficient evidence to prove the identity of the substances found and to support the habitual offender finding. Remands for the trial court to correct the sentencing order.

Paul Morris v. State of Indiana (NFP)
42A04-0912-CR-724
Criminal. Affirm convictions of Class C felony burglary and Class A misdemeanor resisting law enforcement.

David Eugene Ball v. State of Indiana (NFP)
48A02-0909-CR-940
Criminal. Affirms termination of work release.

Lonnie Ray Stone v. State of Indiana (NFP)
79A02-1001-CR-91
Criminal. Affirms Class C misdemeanor conviction of operating a vehicle with a blood alcohol content of at least 0.08 but less than 0.015.

Percy L. Lipscomb, Jr. v. State of Indiana (NFP)

29A05-1002-CR-54
Criminal. Affirms sentence following guilty plea to Class C felony forgery.

Roderick M. Walsh v. State of Indiana (NFP)
57A03-0911-CR-506
Criminal. Affirms conviction of Class A misdemeanor driving while intoxicated.

Andres Sanchez v. State of Indiana (NFP)
20A04-0912-CR-720
Criminal. Affirms convictions of and sentence for three counts of Class A felony child molesting.

Michael Landon Deneal v. State of Indiana (NFP)
45A03-0912-CR-569
Criminal. Affirms sentence following guilty plea to Class C felony burglary.

Kelly Swegman v. State of Indiana (NFP)
49A04-0912-PC-738
Post conviction. Affirms denial of petition for post-conviction relief.

Brandon Puckett v. State of Indiana (NFP)

49A02-0911-CR-1110
Criminal. Affirms denial of motion to withdraw guilty plea.

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.

  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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