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Opinions March 27, 2013

March 27, 2013
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Indiana Court of Appeals
Terrence J. Fuqua v. State of Indiana
02A03-1207-CR-342
Criminal. Affirms convictions of Class A felony dealing in cocaine, Class B felony unlawful possession of a firearm by a serious violent felon, Class D felonies possession of a controlled substance and dealing in marijuana, and Class A misdemeanor possession of paraphernalia. The investigating detectives had reasonable suspicion to search Fuqua’s trash, and the subsequent search warrant was supported by probable cause. The trial court acted within its discretion when it admitted evidence seized during the execution of the search warrant.

State of Indiana v. Antonio Gonzalez-Vazquez
09A02-1210-PC-792
Post conviction. Reverses denial of state’s motion to correct error challenging the grant of summary judgment to Gonzalez-Vazquez on his petition for post-conviction relief. The post-conviction court erred in striking the state’s response as untimely. Remands for further proceedings.

Michael L. Harris v. State of Indiana
20A04-1204-CR-225
Criminal. Finds Harris’ conviction of Class A misdemeanor sex offender internet offense under I.C. 35-42-4-12 violates the First Amendment and reverses his conviction. His constitutional challenges to I.C. 11-8-8-8(a)(7) under the First Amendment and under Article 1, sections 9 and 24 of the Indiana Constitution fail. The state produced sufficient evidence to support Harris’ conviction of failure to register as a sex offender under that statute. Judge Crone concurs in part and concurs in result in part with separate opinion.

In Re The Guardianship of A.J.A. and L.M.A., J.C. v. J.B. and S.B.

48A02-1204-GU-326
Guardianship. Reverses order vacating paternal grandmother J.C.’s grandparent visitation rights on the basis the trial court that initially granted these rights lacked the statutory authority to do so. Concludes that although the grandmother lacked standing to pursue the original grandparent visitation order, the guardians’ objections to her want of standing were waived when they failed to appeal the original order. Also concludes the grandmother’s visitation rights were not terminated by the adoption of the girls because they were adopted by J.B., who is their uncle, and his partner.

Joseph J. Scott v. State of Indiana
45A04-1208-PC-420
Post conviction. Reverses denial of petition for post-conviction relief and remands with instructions to impose a sentence of 23 years, all executed, for the guilty plea of Class B felony operating a vehicle with a BAC of at least 0.18 grams per deciliter and Class B felony resisting law enforcement causing death. Scott is entitled to relief due to ineffective assistance of trial counsel.

Marc Stults v. State of Indiana (NFP)

11A05-1210-CR-534
Criminal. Affirms conviction of Class D felony failure to register as a sex or violent offender.

Pamela A. Thompson v. Carroll E. Thompson (NFP)

33A01-1210-DR-454
Domestic relation. Affirms in part and reverses in part the dissolution of the Thompsons’ marriage. The record supports the court’s finding on and determination in finding that Pamela Thompson incurred only $3,000 in home repair costs during the pendency of the dissolution. Remands for further proceedings regarding a pension’s value.

In Re Paternity of G.K., A Minor Child; K.D.K. v. N.K. (NFP)
20A03-1209-JP-400
Juvenile. Affirms determination that husband K.D.K. failed to overcome the presumption that G.K. was a child of his marriage to wife N.K.

William D. Everage, Jr. v. State of Indiana (NFP)

48A04-1207-CR-391
Criminal. Affirms 253-year aggregate sentence imposed for various convictions committed against five child victims, including 12 counts of Class A felony child molesting.

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