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Opinions March 22, 2013

March 22, 2013
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Indiana Court of Appeals
F.G. v. B.G. (NFP)
49A05-1210-DR-506
Domestic relation. Affirms trial court’s denial of father F.G.’s motion to set aside decree establishing paternity and for DNA testing regarding paternity of one of his children.

C.M. v. State of Indiana (NFP)
49A02-1209-JV-757
Juvenile. Affirms finding of indirect contempt of court.

Gail Eisenhut v. Richard Eisenhut, M.D. (NFP)
49A02-1208-DR-633
Domestic relation. Reverses trial court judgment ordering Gail Eisenhut to repay Richard Eisenhut $19,250, holding there is no evidence that his overpayment of child support was anything but voluntary and gratuitous.

Lisa M. Rooker v. State of Indiana (NFP)
48A02-1206-CR-492
Criminal. Affirms three-year sentence for Class D felony conviction of operating a vehicle while intoxicated.

Roudy Joe Beasley v. State of Indiana (NFP)
84A05-1209-CR-461
Criminal. Affirms revocation of home detention.

John Mwangi v. State of Indiana (NFP)
49A02-1208-CR-647
Criminal. Affirms convictions of Class D felony intimidation and theft.

Rex L. Kast v. State of Indiana (NFP)
02A03-1205-CR-211
Criminal. Affirms convictions of three Class D felony counts of possession of controlled substances.

Andrew J.P. Cox v. State of Indiana (NFP)
48A05-1209-CR-451
Criminal. Affirms revocation of probation.

Thomas Albert Overton v. State of Indiana (NFP)
35A02-1206-CR-530
Criminal. Affirms conviction of Class C felony child molesting.

Daimon Culpepper v. State of Indiana (NFP)
49A02-1209-CR-724
Criminal. Affirms sentence for Class A felony robbery.

Indiana Supreme Court and Indiana Tax Court issued no opinions by IL deadline. 7th Circuit Court of Appeals issued no Indiana opinions by 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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