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Opinions June 8, 2012

June 8, 2012
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Indiana Supreme Court and Indiana Tax Court had posted no opinions by IL deadline.

7th Circuit Court of Appeals
Kenneth Harper v. C.R. England, Incorporated
11-2975
U. S. District Court, Northern District of Indiana, Hammond Division, Magistrate Judge Paul R. Cherry.
Civil. Affirms District Court’s determination that Harper failed to set forth a prima facie case, under either the direct or indirect method of proof, to support his claim that C.R. England had retaliated against him for reporting what he believed to be unlawful racial discrimination. Holds that his record shows excessive absences were the cause for his termination.

Indiana Court of Appeals
Michael A. Gargano, in his official capacity as Secretary of the Indiana Family and Social Services Administration, et al. v. Lee Alan Bryant Health Care Facilities, Inc., et al.
49A02-1105-PL-449
Civil plenary. Reverses trial court’s determination that the Family and Social Services Administration had acted unlawfully in refusing to accept applications for Residential Care Assistance Program funds after Dec. 1, 2009, holding that the agency had acted within its power to meet budget constraints. Also reverses trial court’s finding that reimbursement rates were unlawful and remands for further proceedings.

Tricia L. Sexton v. Travis Sexton
34A02-1111-DR-1059
Domestic relation. Affirms the trial court’s order of emancipation of a daughter, holding that the daughter put herself outside the care or control of her parents and was self-supporting, and that the trial court did not err in determining that she was emancipated.

Betwel Birari v. State of Indiana
49A02-1111-CR-1009
Criminal. Affirms trial court’s conviction of attempted rape as a class B felony, finding evidence presented at trial was sufficient to support the conviction and that a prosecutor’s comments did not result in fundamental error.

Kent A. Easley v. State of Indiana, Shelby County Prosecutor's Office, R. Kent Apsley, J. Brad Landwerlen, Shelby Co. Probation Dept., Deanna Holder, Shelby Co. Superior Ct One Clerk, et al. (NFP)
49A02-1109-CT-975
Civil tort. Affirms trial court’s order dismissing Easley’s motion for default judgment.

William A. Wiley v. State of Indiana (NFP)
48A02-1111-CR-1072
Criminal. Affirms sentence for Class B felony robbery, Class A misdemeanor criminal conversion and Class A misdemeanor battery.

Michael Kucholick v. State of Indiana (NFP)
12A02-1109-CR-907
Criminal. Affirms convictions of Class C felony criminal recklessness and Class B misdemeanor criminal mischief but reduces sentence to advisory standard of four years, with two years suspended to probation and two years to be executed in community corrections. Judge Edward Najam concurred in part and dissented in part.

Blake Clunie v. State of Indiana (NFP)
31A01-1109-PC-458
Post conviction. Affirms trial court’s denial of motion to correct error in Clunie’s erroneous filing of his petition for post-conviction relief, which was filed under the original cause number instead of the post-conviction cause number.
 

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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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