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Opinions Nov. 21, 2012

November 21, 2012
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7th Circuit Court of Appeals
United States of America v. William Hagler
11-2984
U.S. District Court, Northern District of Indiana, Fort Wayne Division, Judge William C. Lee.
Criminal. Affirms conviction of attempted bank robbery. Hagler argued that the government waited too long to indict him, that the evidence was insufficient to convict him, and that new DNA testing entitles him to a new trial.

Indiana Court of Appeals
Tyler A. White v. State of Indiana
90A04-1111-CR-621
Criminal. Affirms murder conviction. The probative value of the 804(b)(5) evidence outweighed the danger of the unfair prejudice to White. The Legislature’s intent in the feticide enhancement statute is clear that the state need not prove a defendant’s mens rea when seeking a sentence enhancement for feticide.

Robert D. Davis v. State of Indiana
11A01-1204-CR-251
Criminal. Affirms denial of motion to correct erroneous sentence. The trial court followed the appellate court’s order on remand as far as resentencing, and Davis did not develop a cogent argument with respect to how a 1994 amendment regarding sentencing would have affected his sentence.

Romero Leslie v. State of Indiana
49A04-1203-CR-135
Criminal. Affirms conviction of Class B felony dealing in cocaine. Leslie hasn’t shown that the trial court committed fundamental error when it denied his request to dismiss a juror, nor that the court abused its discretion when it dismissed another juror after she stated she couldn’t render a decision based on the evidence.

Thomas H. Andrews v. State of Indiana
29A02-1112-MI-1166
Miscellaneous. Reverses and remands with instructions to grant Andrew’s petition to be removed from the sex offender registry. Requiring him to register violates the Indiana Constitution prohibitions on ex post facto laws, and Indiana state courts do not have the authority to consider whether federal statutory penalties attach to Andrews’ conduct.

James Henley v. State of Indiana (NFP)
49A02-1205-CR-404
Criminal. Affirms convictions of Class C felonies attempted forgery and forgery, and Class D felony theft.

Term. of the Parent-Child Rel. of K.S. and K.C. (Minor Children) and Y.C. (Mother) v. The Indiana Dept. of Child Services (NFP)
48A04-1202-JT-52
Juvenile. Affirms involuntary termination of parental rights.

Lanika Young v. State of Indiana (NFP)
http://media.ibj.com/Lawyer/websites/opinions/index.php?pdf=2012/november/11211205pdm.pdf
49A04-1203-CR-138
Criminal. Affirms sentence following guilty plea to Class A misdemeanor carrying a handgun without a license.
 

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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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