ILNews

Opinions June 24, 2011

June 24, 2011
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Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Involuntary Commitment of S.S.
49A02-1011-MH-1251
Mental health. Affirms order for S.S.’s temporary commitment. There was no prejudice to S.S. due to the doctor’s report being filed 16 minutes after the end of her detention period. The timely filing of the report is a procedural requirement, not a jurisdiction prerequisite.  

Aaron Shields v. State of Indiana (NFP)
29A04-1009-CR-558
Criminal. Affirms conviction of Class C felony forgery.

Robert A. Hutchens v. BAC Home Loans Servicing (NFP)
29A02-1010-MF-1085
Mortgage foreclosure. Affirms summary judgment for BAC Home Loans Servicing on its foreclosure claim against Hutchens, and for Mortgage Electronic Registration Systems and Bank of America National Association as to Hutchens’ claims that the parties should have filed a satisfaction of mortgage on Hutchens’ home equity line of credit.  

Terry Allen Wagster v. State of Indiana (NFP)
45A03-1011-CR-590
Criminal. Affirms sentence following guilty plea to two counts of Class C felony exploitation of an endangered adult.

Jomisha Williams v. State of Indiana (NFP)
71A03-1011-CR-578
Criminal. Affirms conviction of Class C felony possession of cocaine.

Term. of Parent-Child Rel. of Dam.T., et al.; K.T. v. I.D.C.S. (NFP)
49A05-1010-JT-694
Juvenile. Affirms involuntary termination of parental rights.

Timothy L. Woods v. State of Indiana (NFP)
02A04-1011-CR-752
Criminal. Affirms sentence following guilty plea to Class D felony receiving stolen property.

Lee Kershaw v. State of Indiana (NFP)
10A01-1011-CR-572
Criminal. Affirms sentence for Class A felony voluntary manslaughter and Class A felony attempted voluntary manslaughter.

Fernando B. Eguia, Sr. v. State of Indiana (NFP)
01A05-1010-CR-627
Criminal. Affirms conviction of and sentence for Class D felony intimidation.

Elijah Roberson v. State of Indiana (NFP)
45A03-1011-CR-564
Criminal. Affirms sentence following guilty plea to Class A felony child molesting.

Joseph A. Taylor v. Mitch Daniels, et al. (NFP)
67A01-1011-MI-600
Miscellaneous. Reverses denial of Taylor’s amended complaint against Gov. Mitch Daniels and other defendants.

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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