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Opinions March 2, 2012

March 2, 2012
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7th Circuit Court of Appeals had posted no Indiana opinions at IL deadline.

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

Indiana Court of Appeals

Brian Scott Hartman v. State of Indiana
68A01-1106-CR-264
Criminal. Affirms the denial of Hartman’s motion to suppress a statement he made to the police regarding involvement in the death of his father. Hartman initiated further communication by asking whether the search warrant had been served and whether anything had been found, and then told the detective that he wanted to speak with him.

Tonya J. Clark v. Review Board of the Dept. of Workforce Development and PCI Holdings, LLC (NFP)
93A02-1108-EX-800
Agency appeal. Affirms denial of unemployment benefits.

Gary W. Moody v. City of Franklin (NFP)
41A04-1106-PL-294
Civil plenary. Dismisses the denial of a petition for preliminary injunction against Franklin.

1st Call Home Health LLC and Cardinal Health Systems, Inc. v. Pamela Porter and Abbott Laboratories, Inc. (NFP)
18A05-1110-PL-528
Civil plenary. Affirms denial of summary judgment in a suit filed 1st Call Home Health and Cardinal Health Systems filed by Pamela Porter.

Bryan Keith Hughes v. State of Indiana (NFP)
06A04-1106-CR-385
Criminal. Affirms convictions of and sentence for Class B felony attempted rape and Class D felonies domestic battery and criminal confinement.

Derek Rucker v. State of Indiana (NFP)
49A05-1107-CR-349
Criminal. Affirms conviction of Class A misdemeanor resisting law enforcement.

Bernard O. Tidey v. State of Indiana (NFP)
66A05-1110-CR-560
Criminal. Affirms conviction of Class A misdemeanor operating a vehicle while intoxicated in a manner that endangers a person.

Dennis L. Lewis v. State of Indiana (NFP)
48A02-1108-CR-744
Criminal. Affirms sentence for Class C felony operating a motor vehicle with an ACE of 0.08 or more.

Chadd B. Langston v. State of Indiana (NFP)
18A02-1105-CR-466
Criminal. Affirms conviction of conspiracy to commit robbery as a Class C felony as well as adjudication as a habitual offender.
 

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  1. 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.

  2. 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.

  3. Indiana up holds this behavior. the state police know they got it made.

  4. 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.

  5. Agreed on 4th Amendment call - that was just bad policing that resulted in dismissal for repeat offender. What kind of parent names their boy "Kriston"?

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