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Opinions Oct. 10, 2012

October 10, 2012
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7th Circuit Court of Appeals
Charles R. Kastner v. Michael J. Astrue, Commissioner of Social Security
11-1166
U.S. District Court, Southern District of Indiana, Evansville Division, Magistrate Judge William G. Hussmann Jr.
Civil. Reverses denial of disability benefits, finding the administrative law judge did not adequately explain why Kastner had not met the requirements for a presumptive disability. Remands for further proceedings.

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

Indiana Court of Appeals

In the Matter of G.W. (Minor Child); A.W. (Mother) and J.W. (Stepfather) v. The Indiana Dept. of Child Services
07A01-1201-JM-6
Juvenile miscellaneous. Finds a trial court may order a parent to make a child available for an interview requested by the Department of Child Services to assess the child’s “condition” pursuant to I.C. 31-33-8-7, where the child’s older sibling has made and then recanted allegations of sexual abuse against a family member who lives in the children’s home. Judge Riley dissents.

Tim L. Godby v. State of Indiana
33A01-1203-CR-128
Criminal. Affirms denial of motion to correct erroneous sentence. Godby’s belated attempt to correct the error related to costs through the motion to correct erroneous sentence is not proper.

In Re: The Matter of the Paternity of B.G., Minor Child; C.G. (Mother) v. R.M. (Father) (NFP)
77A01-1202-JP-82
Juvenile paternity. Reverses judgment allowing change of B.G.’s name and remands for a determination of best interest as it pertains to B.G.’s last name. Orders trial court to make the weekly child support order retroactive to at least the date that the mother filed the paternity action. Affirms giving the father a parenting time credit of $5.76 per week.

Judson D. Garrett v. State of Indiana (NFP)
02A04-1205-CR-231
Criminal. Affirms sentence following guilty plea to Class B felony robbery.

Charles Musselwhite v. State of Indiana (NFP)
48A02-1202-PC-136
Post conviction. Affirms denial of petition for post-conviction relief.

Edward Cecil, Jr. v. State of Indiana (NFP)
22A04-1112-CR-689
Criminal. Affirms conviction of Class B felony dealing in cocaine or a narcotic drug.

Grandview Memorial Gardens, LLC, Keith Mefford, Brittan Mefford, Richard Eblen and Sherry Eblen v. John C. Eckert, Wilmer E. Goering, II, and Alcorn Goering & Sage, LLP (NFP)
49A02-1111-PL-992
Civil plenary. Affirms grant of summary judgment to Eckert and reverses it as to Goering and AGS. The statute of limitations does not bar the Grandview clients’ claims against Goering and AGS for negligently handling the fire insurance claim and there is a dispute of material fact as to whether the Grandview clients and Goering and AGS had an attorney-client relationship with respect to that matter. Remands for further proceedings.

Zachary Podorsky v. State of Indiana (NFP)
29A05-1202-CR-94
Criminal. Affirms conviction and sentence for Class A misdemeanor possession of marijuana.

Douglas A. Myers v. State of Indiana (NFP)
82A01-1202-CR-78
Criminal. Affirms sentence following guilty plea to two counts of Class B felony sexual misconduct with a minor.

Paris Knox v. State of Indiana (NFP)
48A02-1203-CR-214
Criminal. Affirms sentence following guilty plea to Class B felony unlawful possession of a firearm by a serious violent felon.

 

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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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