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Opinions June 19, 2013

June 19, 2013
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The following Indiana Tax Court decision was posted after IL deadline Tuesday:
Vodafone Americas Inc. and Vodafone Holdings LLC v. Indiana Dept. of State Revenue
49T10-1002-TA-7
Tax. Denies Vodafone’s motion for summary judgment for refund of adjusted gross income tax paid during taxable years ending March 31, 2005 – March 31, 2008. The income it received as a partner of Cellco had the character of operational income and was therefore not income in the form of “dividends from investments” under I.C. 6-3-2-2.2(g).

Indiana Court of Appeals
Revas Spencer v. Tiffany Spencer
36A04-1211-PO-605
Protective order. Reverses denial of the agreed order dismissing an order of protection submitted by the Spencers to the trial court. Since the word “shall” appears in the statute regarding the trial court’s actions when the petitioner files for the dismissal of a protection order, the trial court didn’t have the discretion to deny the parties’ request to dismiss the protective order.

Floyd Weddle v. State of Indiana

73A01-1209-CR-452
Criminal. Affirms admission of certain evidence after police officers conducted a protective sweep of Weddle’s residence and subsequently searched the premises following the issuance of a search warrant. The scope of the protective sweep was reasonable because officers heard additional movement after taking Weddle into custody and did locate other people in the house.

Josiah Williams v. State of Indiana

49A02-1211-CR-878
Criminal. Affirms conviction of Class B misdemeanor public intoxication. The evidence of probative value exists from which the trial court as the trier of fact could have found Williams guilty beyond a reasonable doubt of public intoxication.

Natalie Rouse v. State of Indiana (NFP)
02A03-1212-CR-550
Criminal. Affirms conviction of Class C misdemeanor operating a motor vehicle without ever receiving a license.

Jason E. Morales v. State of Indiana (NFP)
87A01-1211-PC-530
Post conviction. Affirms denial of petition for post-conviction relief.

In the Matter of: M.W., Minor Child, A Child in Need of Services, E.W., Father v. Indiana Department of Child Services (NFP)

49A05-1210-JC-500
Juvenile. Affirms parental participation order entered as part of the juvenile court’s dispositional order.

Corey L. Mosley v. State of Indiana (NFP)
49A02-1203-PC-249
Post conviction. Affirms denial of petition for post-conviction relief.

Jason Matlock v. State of Indiana (NFP)
49A02-1209-CR-742
Criminal. Affirms admission of evidence police obtained pursuant to a traffic stop.

Wellpoint, Inc. (f/k/a Anthem, Inc.) and Anthem Insurance Companies, Inc. v. National Union Fire Ins. Co. of Pittsburgh, Pa; AIG Europe (U.K.) Limited, New Hampshire Ins. Co., et al. (NFP)
49A05-1202-PL-92
Civil plenary. Affirms summary judgment for Wellpoint’s insurers, who denied coverage for Wellpoint’s defense and settlement of a number of lawsuits against it.

King of Clean Automotive, LLC, v. New Truck Alternative, LLC. (NFP)
29A02-1205-MI-414
Miscellaneous. Affirms the ruling that King of Clean’s mechanic’s liens were not valid and the grant of New Truck Alternative’s petition for replevin.

Erica Battle v. State of Indiana (NFP)
49A02-1211-CR-924
Criminal. Remands with instructions that the trial court vacate two of the three Class C forgery convictions and affirms in all other respects.

Christopher Baxter v. State of Indiana (NFP)

22A01-1210-CR-447
Criminal. Affirms murder conviction and reverses Baxter’s 55-year sentence and remands with instructions to sentence him under the correct statute.

Anthony Houston v. State of Indiana (NFP)
49A05-1208-PC-432
Post conviction. Affirms denial of petition for post-conviction relief.

In Re: The Marriage of: Caleb E. Campbell v. Anna P. Campbell (NFP)

71A03-1210-DR-420
Domestic relation. Reverses order that the paternal and maternal grandparents participate in family therapy and the court orders with respect to the division of the marital estate to the extent it failed to allocate Pell grants to Caleb Campbell. Remands for modification of the decree of dissolution consistent with this opinion and affirms in all other respects.

In Re: The Marriage of: Bernard Lee, Jr. v. Jackie Smith (NFP)
30A01-1208-DR-380
Domestic relation. Affirms the court’s custody determination for K.L., reverses the court’s order regarding property division and remands for further proceedings.

Bernard L. Strickland v. State of Indiana (NFP)
71A05-1301-CR-10
Criminal. Affirms convictions of Class C felony burglary and Class A misdemeanors resisting law enforcement and possession of paraphernalia and for being a habitual offender.

Daniel R. Fuquay, Sr. v. State of Indiana (NFP)
82A01-1208-CR-360
Criminal. Affirms denial of motion to correct erroneous sentence.

Christopher A. Fischer v. State of Indiana (NFP)
82A04-1207-CR-382
Criminal. Affirms convictions of Class C felony burglary and Class D felonies receiving stolen property and theft.

Wade R. Meisberger v. State of Indiana (NFP)
53A05-1208-CR-452
Criminal. Affirms revocation of suspended sentence.

Tyris D. Lapsley v. State of Indiana (NFP)
02A03-1211-CR-477
Criminal. Affirms sentence for Class D felony possession of marijuana and Class A misdemeanor operating a vehicle while intoxicated.

James H. Suttle, Jr. v. State of Indiana (NFP)

49A02-1211-PC-906
Post conviction. Affirms denial of petition for post-conviction relief.

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

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  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.

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  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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