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Opinions Sept. 11, 2012

September 11, 2012
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7th Circuit Court of Appeals released no Indiana opinions by IL deadline.

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


Indiana Court of Appeals
Phillip A. Collins v. HSBC Bank USA, National Association, as Trustee for Home Equity Loan Trust Series Act 2004-HE3
45A03-1111-MF-600
Mortgage foreclosure. Affirms summary judgment in favor of HSBC, holding that Collins is estopped from asserting claims previously lost and litigated.

Term. of Parent-Child Rel. of: Z.G. (Minor Child), and D.G. (Father), and T.S. (Mother) v. The Indiana Dept. of Child Services (NFP)
79A02-1202-JT-102
Juvenile/termination of parental rights. Affirms termination of parental rights for each parent.

Pac-Van, Inc. v. Wekiva Falls Resort
49A02-1204-CT-337
Civil tort. Reverse and remands a judgment for post-judgment interest and attorney fees, reducing the amount owed to Wekiva Falls, holding that the amount owed was based on the time between the judgment and the payment, and not the time until the court calculates the amount of post-judgment interest owed.

Term. of Parent-Child Rel. of: Q.M. and E.M., Minor Children, B.M., Father v. Indiana Dept. of Child Services
15A05-1112-JT-706
Juvenile/termination of parental rights. Reverses and remands termination of father’s parental rights, holding that the trial court erred in terminating rights because the Department of Child Services failed to satisfy the mandates of I.C. § 31-35-2-4(b)(2)(A).

Aaron Young v. State of Indiana
71A05-1111-CR-650
Criminal. Affirms conviction of Class A felony child molestation but reverses and remands the supplemental sentencing order that classifies Young as a credit-restricted felon.

Brittany L. McConniel v. State of Indiana
18A02-1108-CR-733
Criminal. Affirms conviction and sentence for Class A felony neglect of a dependent resulting in death, holding that the nature of the offense and the character of the offender revealed by the evidence presented leads to the conclusion that the sentence imposed by the trial court is not inappropriate.

J.Z. v. State of Indiana (NFP)
49A02-1202-JV-132
Juvenile. Affirms adjudication of delinquency.

J.G. v. State of Indiana (NFP)
49A02-1201-JV-17
Juvenile. Affirms adjudication of delinquency.

Argelio Gonzales v. State of Indiana (NFP)
09A02-1202-CR-92
Criminal. Affirms trial court order denying motion for sentence reduction.

Joseph V. Haas v. State of Indiana (NFP)
42A05-1202-CR-80
Criminal. Affirms revocation of probation.

William Adams and Patricia Adams v. Chase Home Finance, LLC (NFP)
18A02-1202-MF-96
Mortgage foreclosure. Affirms summary judgment in favor of Chase.

Dennis Yerk v. State of Indiana (NFP)
91A02-1111-CR-1056
Criminal. Affirms Class D felony conviction of killing a domestic animal.
 
Lake County Trust Co., as Trustee for Lake County Trust 5434 v. United Consumers Club, Inc. (NFP)
45A03-1111-PL-527
Civil plenary. Reverses summary judgment for the trust, holding that the trust did not have standing to sue.

In the Matter of a Minor Child in Need of Services, T.C., Minor Child, M.C., Mother v. Indiana Dept. of Child Services (NFP)
85A02-1202-JC-139
Juvenile custody. Affirms adjudication of T.C. as a child in need of services.

 Robert A. Lesure v. State of Indiana (NFP)
18A02-1202-CR-87
Criminal. Affirms convictions and sentence for Class B felony robbery, and Class C felony intimidation.

Zimmer, Inc. and Zimmer Dental, Inc. v. Jason Young, Renae Salvitti, and Implant Direct Sybron Manufacturing, LLC d/b/a Implant Direct Sybron Intl. (NFP)
02A03-1112-CT-548
Civil tort. Affirms on interlocutory appeal the trial court’s denial of Zimmer’s request for additional injunctive relief.
 

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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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