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Opinions June 17, 2014

June 17, 2014
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Indiana Court of Appeals
Cruisin', Inc., d/b/a Cruisin' Auto Sales v. Springleaf Financial Services of Indiana, Inc., f/k/a American General Financial Services
39A01-1309-CC-423
Civil collection. Affirms judgment in favor of Springleaf. Finds Cruisin’ breached the terms of the contract by giving the title to the car buyer rather than mailing it to Springleaf. Remands to correct a scrivener’s error and enter the reimbursement amount at $2,659.02. Also remands to enter the judgment damage award against the dealership and buyer jointly and severally.

Valle Vista Limited, LLC v. Selective Insurance Company of South Carolina (NFP)
41A05-1309-PL-481
Civil Plenary. Affirms trial court’s judgment enforcing the terms of an agreement that Selective would pay no more $500,000 to Valle Vista for hail damage. Also affirms lower court’s dismissal of Valle Vista’s lawsuit claiming Selective must turn over the total amount of $616,587.79 which was awarded by an umpire.  

Christopher Carlisle v. State of Indiana (NFP)
06A01-1308-CR-352
Criminal. Affirms Carlisle’s conviction of domestic battery, a Class D felony.

Dustin Perkins v. State of Indiana (NFP)
49A02-1312-CR-1001
Criminal. Affirms Perkins’s convictions of murder and Class C felony robbery.

Kent A. Easley v. State of Indiana (NFP)
73A04-1311-PC-566
Post conviction. Affirms post-conviction court’s dismissal of Easley’s successive petition for post-conviction relief.

Cornelius Hines v. State of Indiana (NFP)
52A05-1312-CR-594
Criminal. Affirms convictions for Class C felony criminal confinement, and Class D felony battery.

Trevor Nash Tice v. State of Indiana (NFP)
15A01-1307-CR-301
Criminal. Affirms conviction and 12-year sentence for child molesting, a Class B felony.

Indiana Supreme Court and Indiana Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana opinions by 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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