ILNews

Opinions May 2, 2012

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

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

Indiana Court of Appeals

Andrew C. Kesling, individually and as Trustee of the Andrew C. Kesling Trust v. Peter C. Kesling, et al.
45A03-1106-PL-271
Civil plenary. Reverses judgment in favor of father Peter Kesling that found he was entitled to rescission of stock purchase agreements entered into on June 25, 2004. Finds that Andrew Kesling’s trust declaration did not deprive him status as a shareholder and that he was a shareholder when he entered into the purchase agreements with Peter Kesling. Remands for the court to rule on the claims raised by Andrew Kesling’s siblings.

Leondre Woodson v. State of Indiana
53A01-1109-PC-466
Post conviction. Affirms denial of petition for post-conviction relief in which Woodson claimed he received ineffective assistance of trial counsel. Woodson failed to establish that police detention of him until they obtained consent to search the rental car was unreasonable under Article I, Section 11 of the Indiana Constitution, so he didn’t establish that his trial counsel’s failure to preserve this issue for appeal prejudiced him. He also failed to establish that his consent to search the car was invalid.

Todd Edward Lang v. Jessica Lynn Lang (NFP)
17A03-1109-DR-436
Domestic relation. Affirms decision to award custody of the minor children to Jessica Lang and to order the parties to equally share the expense of the custody evaluation.

Eric R. Jeter v. State of Indiana (NFP)
45A03-1109-CR-429
Criminal. Affirms sentence for two convictions of Class C felony robbery and one count of Class D felony theft.

Marcie L. Grant v. State of Indiana (NFP)
13A01-1109-PC-422
Post conviction. Affirms denial of petition for post-conviction relief.

Ronnie Jones v. State of Indiana (NFP)
17A04-1108-CR-444
Criminal. Affirms sentence for murder, Class A felony attempted murder, and Class C felony criminal recklessness.
 

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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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