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Opinions March 24, 2011

March 24, 2011
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7th Circuit Court of Appeals
United States of America v. Rollie Mitchell
10-1831
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Sarah Evans Barker.
Criminal. Affirms sentence of life imprisonment for distributing cocaine base, stating the District Court properly calculated the guidelines range and did not improperly consider Mitchell’s exercise of his Sixth Amendment right to counsel. Affirms the District Court did not clearly err in finding by a preponderance of the evidence – the proper evidentiary standard – that Mitchell participated in the murder of a confidential informant.

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Jeffrey Wooten v. State of Indiana
49A02-1004-CR-586
Criminal. Dismisses Wooten’s appeal of trial court’s revocation of his probation. The state asserts that the appeals court has no jurisdiction over Wooten’s appeal because Indiana Post-Conviction Rule 2 does not permit belated appeals from the revocation of probation. Declines Wooten’s request for appeals court to exercise jurisdiction under its inherent authority to hear appeals that present a great matter of public interest, stating substantial evidence supports the trial court’s conclusion that Wooten was properly before it for a probation revocation proceeding.

In the Matter of the Paternity of G.B.H.; L.R. v. N.H. and State of Indiana
68A01-1009-JP-475
Juvenile paternity. Reverses trial court’s contempt finding and resulting sanction, stating evidence does not support that father L.R. willfully failed to pay child support. States that during a period of involuntary unemployment, the father paid what he was able to pay, and had less than $100 per week on which to live after paying two cases of court-ordered support, and was therefore not in contempt.

Michael E. Cohee v. State of Indiana
89A01-1009-CR-472
Criminal. Affirms trial court’s decision to deny Cohee’s motion to suppress evidence against him. States that Cohee was not subject to a custodial interrogation when officers asked for his consent to a blood draw, and therefore, officers were not required to read his rights as outlined in Miranda v. Arizona.

Anthony Guzman v. C.K. Gray, et al. (NFP)
30A01-1009-CT-445
Civil tort. Affirms Hancock Superior Court’s denial of motion for leave to amend complaint.

Steven Green v. State of Indiana (NFP)
71A03-1008-CR-466
Criminal. Affirms conviction of Class B felony sexual misconduct with a minor.

Flavio Gonzalez v. State of Indiana (NFP)
79A05-1006-CR-407
Criminal. Affirms conviction of Class B felony criminal confinement while armed with a deadly weapon, and sentences for two counts of Class B felony criminal confinement while armed with a deadly weapon, and Class D felony domestic battery.

Charles E. Justise, Sr. v. State of Indiana (NFP)
77A01-1006-SC-352
Small claim. Grants appellant’s petition for rehearing. Reverses the trial court’s dismissal of his complaint and remands with instructions to the trial court to reinstate complaint against the state for further proceedings. Reaffirms decision regarding any claim against the appellees personally.

Ricardo Rico v. State of Indiana (NFP)
20A04-1009-CR-545
Criminal. Affirms convictions of and sentences for two counts of Class A felony delivery of methamphetamine, three grams or more.  

Matthew L. Skinner v. State of Indiana (NFP)
43A03-1008-CR-439
Criminal. Affirms trial court’s sentence following revocation of probation.

S.R. v. Review Board (NFP)
93A02-1009-EX-995
Civil. Affirms decision of Review Board of the Indiana Department of Workforce Development requiring S.R. to repay unemployment benefits.

Francheska McGraw v. State of Indiana (NFP)
49A05-1007-CR-442
Criminal. Affirms conviction of Class B misdemeanor of disorderly conduct.

Matthew Riddle v. Lee Rimer (NFP)
80A02-1011-PO-1203
Order of protection. Affirms trial court’s order granting Lee Rimer a protective order.

Indiana Tax Court had posted no opinions at IL deadline.
 

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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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