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Opinions March 18, 2011

March 18, 2011
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7th Circuit Court of Appeals
United States of America v. Dennis Jamison
10-1515
United States District Court for the Northern District of Indiana, South Bend Division, Judge Robert L. Miller Jr.
Criminal. Affirms Jamison’s conviction of possessing a sawed-off shotgun, in violation of 26 U.S.C. sections 5861(d) and 5845(a). During his trial, the district court permitted the government to elicit testimony from Jamison’s wife on cross-examination regarding Jamison’s aggressiveness. Jamison appeals his conviction, arguing that the question and his wife’s response were irrelevant, unfairly prejudicial, unduly cumulative, and lacked foundation. The government claims that the evidence demonstrated Mrs. Jamison’s bias and motive to lie.

The Indiana Supreme Court posted no opinions before IL deadline.

Indiana Court of Appeals
Clinton County, et al. v. Jacqueline R. Clements, et al.
54A01-1008-PL-407
Civil. Affirms trial court’s grant of summary judgment to Clements on her claim for immunity under Indiana Code Section 34-13-3-3. Concludes the trial court abused its discretion when it denied Clements’ motion for reimbursement of attorney fees under Indiana Code Section 34-13-3-5(e). Remands for a calculation of attorney fees owed to Clements.

Kimberly Devlin v. Daniel L. Peyton
49A02-1008-DR-902
Domestic relation. Affirms dissolution court’s ruling regarding Peyton’s (father) parenting time, which was not disputed by Devlin (mother). Vacates dissolution court’s findings and conclusions regarding adoption proceedings that were pending in adoption court. Mother appealed the dissolution court’s conclusion that it had jurisdiction to address the adoption question and that she failed to establish that father’s consent to the adoption was not required.

Annette (Oliver) Hirsch v. Roger Lee Oliver
29A02-1004-DR-429
Domestic relation. Reverses trial court’s emancipation date of Sept. 23, 2009, for daughter born in May 1990, and concludes she was emancipated no earlier than Dec. 10, 2009. Remands for trial court to recalculate the amount of child support father has overpaid, and to apportion the payment of uninsured medical expenses incurred by two of the parties’ daughters in 2009, in accordance with this opinion. Also remands for entry of a post-secondary education expense order as to father. Finally, reverses award to father of attorney fees and his current wife’s travel expenses.

Ryan Michael Bodnar v. State of Indiana (NFP)
45A03-1010-CR-518
Criminal. Affirms conviction, pursuant to a guilty plea, of Class A felony dealing in narcotics.

The Indiana Tax Court posted no opinions before IL deadline.

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  1. Cannabis is GOOD for our PEOPLE and GOOD for our STATE... 78% would like to see legal access to the product line for better Hoosier Heath. There is a 25% drop in PAIN KILLER Overdoses in states where CANNABIS is legal.

  2. This article is excellent and should be required reading for all attorneys and would-be attorneys, regardless of age or experience. I've caught myself committing several of the errors mentioned.

  3. 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.

  4. 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.

  5. 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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