ILNews

Opinions June 27, 2012

June 27, 2012
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The following Indiana Supreme Court opinion was posted after IL deadline Tuesday:
Michael Sharp v. State of Indiana
12S02-1109-CR-544
Criminal. Affirms sentence for two counts of child molesting, one as a Class A felony and one as a Class C felony. Holds that credit time status may be considered by an appellate court exercising its review and revise authority. Finds that Sharp’s sentence of 40 years, with a minimum possible sentence of 34.29 years after taking into account credit time, is appropriate.

Wednesday’s opinions
7th Circuit Court of Appeals

A.B., a child by his next friend, Linda Kehoe v. Housing Authority of South Bend
11-2581
U.S. District Court, Northern District of Indiana, South Bend Division, Chief Judge Philip P. Simon.
Civil. Dismisses appeal of the order denying A.B.’s motion for a preliminary injunction to prevent the housing authority from pursuing the eviction in state court. Since A.B. has already been evicted, the appeal is moot.

Indiana Supreme Court and Indiana Tax Court posted no opinions at IL deadline.

Indiana Court of Appeals

Gunther Kranz and Carol Kranz v. Meyers Subdivision Property Owners Association, Inc., Christopher Bartoszek, and Indiana Dept. of Natural Resources
75A03-1112-PL-577
Civil plenary. Affirms trial court affirmation of the decision by the administrative law judge that easement holders should be allowed to have a group pier on Bass Lake and the Kranzes should move their pier to accommodate the group pier. The Natural Resources Commission has jurisdiction to render a decision regarding property rights to the extent necessary to implement the permit process and the only effect of the NRC’s decision on the Kranzes’ property rights was to relocate the pier. The pier was no less usable in the location chosen by the NRC.

Fili Moala v. State of Indiana
49A02-1109-CR-870
Criminal. Reverses conviction of Class C misdemeanor operating a vehicle while intoxicated due to double jeopardy violations. The operating while intoxicated conviction has the less severe penal consequences. Affirms conviction of Class B misdemeanor public intoxication. Remands with instructions to vacate the Class C misdemeanor conviction.

Cory Heinzman v. State of Indiana
29A02-1012-CR-1327
Criminal. Affirms convictions of three counts of Class C felony child molesting in one cause and conviction following guilty plea to Class D felony sexual battery in another cause. The delay in Heinzman’s trial did not violate his constitutional right to a speedy trial, the admission of certain evidence was allowed, and there is no error in his sentence.

 

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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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