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Opinions Oct. 14, 2011

October 14, 2011
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7th Circuit Court of Appeals had posted no opinions at IL deadline.

Indiana Supreme Court had posted no opinions at IL deadline.


Indiana Court of Appeals
Cedric Tharpe v. State of Indiana
49A04-1101-CR-24
Criminal. Affirms conviction of Class A felony attempted murder. Tharpe didn’t show the judge who presided over his case was biased or prejudiced, nor did he demonstrate his trial was unfair. The trial court didn’t abuse its discretion in denying his motion for continuance and there is sufficient evidence to support his conviction.

Nathan Allyn Richardson v. State of Indiana (NFP)
48A05-1012-CR-757
Criminal. Affirms imposition of three-year executed sentence following revocation of probation.

Amber Easton v. State of Indiana (NFP)
49A02-1103-CR-214
Criminal. Affirms conviction of Class A misdemeanor resisting law enforcement.

Matthew Spoonemore v. State of Indiana (NFP)
18A05-1102-CR-64
Criminal. Affirms order that Spoonemore pay Indiana Ticket Company $29,700 in restitution. Remands for the trial court to determine whether it wishes to exercise its discretion and enter judgment as a Class A misdemeanor instead of a Class D felony for theft.

In the Matter of the Term. of the Parent-Child Rel. of: D.Y., and D.H. v. The Indiana Dept. of Child Svcs. and Child Advocates, Inc. (NFP)
49A04-1102-JT-107
Juvenile. Affirms termination of parental rights.

In the Matter of the Term. of the Parent-Child Rel. of H.G.; M.G. and D.G. v. Indiana Dept. of Child Svcs. (NFP)
82A04-1011-JT-730
Juvenile. Affirms termination of parental rights.

T.C. v. State of Indiana (NFP)
49A02-1102-JV-231
Juvenile. Affirms finding of delinquency.

Eugene M. Gray Trust, A-1 Vacuum, Northwest Optical, and Marion County, Indiana v. State of Indiana (NFP)
49A02-1011-PL-1329
Civil plenary. Affirms decision regarding the amount of interest due to the trust as part of an eminent domain action.

Gordon Northrup, Jr. v. State of Indiana (NFP)
79A02-1103-PC-272
Post conviction. Affirms post-conviction court’s denial of petition for post-conviction relief.

Brian Loveall v. Susan (Loveall) Kelly (NFP)
23A01-1102-DR-47
Domestic relation. Affirms grant of mother’s petition for modification of child support.

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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