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Opinions March 6, 2012

March 6, 2012
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7th Circuit Court of Appeals had posted no Indiana opinions at IL deadline.

Indiana Supreme Court

Mark J. Thatcher v. City of Kokomo, et al.
94S00-1109-CQ-570
Certified question. Indiana Code 36-8-4-7(a) applies to a member of the 1977 Fund who is receiving disability benefits and who has been determined to have been recovered pursuant to 35 Indiana Administrative Code 2-5-5(c). And the time period during which a person receives disability benefits under Indiana Code 36-8-8-12(e) does not count toward “years of service” as that term is used in Indiana Code 36-8-4-7(a).

Indiana Court of Appeals
CBR Event Decorators, Inc., Gregory Rankin, Robert Cochrane and John Bales v. Todd M. Gates
49A02-1010-CT-1117
Civil tort. The trial court erred in piercing the corporate veil because Gates failed to establish a causal connection between misuse of the corporate form and fraud or injustice. Affirms judgment against CBR for breach of contract, fraudulent conveyance, fraudulent transfer, and wrongful stop payment. Remands for a determination of the portion of attorney fees the shareholders are liable for to Gates as a result of the wrongful stop payment.

John Shocke v. State of Indiana (NFP)
88A01-1107-CR-366
Criminal. Affirms revocation of probation.

Jamika J. Talley v. State of Indiana (NFP)
79A05-1107-CR-407
Criminal. Affirms conviction of Class A misdemeanor conversion.

In the Matter of the Civil Commitment of M.B. v. Wishard Health Services Midtown Community Mental Health Center (NFP)
49A02-1106-MH-505
Mental health. Affirms involuntary commitment.

Larry Parks v. State of Indiana (NFP)
49A02-1108-CR-706
Criminal. Affirms conviction of Class A misdemeanor driving while suspended.

Darrick Scott and Paul A. Watson v. City of Terre Haute, et al. (NFP)

84A01-1108-PL-337
Civil plenary. Affirms summary judgment in favor of Terre Haute and other city actors on Scott and Watson’s civil complaint alleging that the appointment of 10 firefighters to the position of battalion chief was illegal and circumvented the merit system.

David A. Bowe v. State of Indiana (NFP)
40A01-1108-CR-375
Criminal. Affirms sentence for Class C felony burglary and Class D felony theft.

Indiana Tax Court had posted no opinions at 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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