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Opinions Sept. 21, 2012

September 21, 2012
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7th Circuit Court of Appeals did not post any Indiana opinions by IL deadline.

Indiana Supreme Court and Tax Court did not post any opinions by IL deadline.

Indiana Court of Appeals
Justin Taylor v. State of Indiana
49A05-1201-CR-4
Criminal. Affirms conviction of Class C felony failing to register as a sex offender. Rejects argument that ankle bracelet alerted authorities Taylor was living at a different address.

Janice Brandom v. Coupled Products, LLC
92A03-1112-PL-542
Civil plenary. Affirms denial of Brandom’s motion to dismiss a defamation lawsuit pursuant to the “anti-SLAPP’ statute, finding the question of whether statements were made in good faith and without malice should be decided by a jury.

A.G. v. P.G.
49A04-1201-PO-94
Order of protection. Affirms extension of P.G.’s protective order against A.G, declining to reweigh evidence.

Stephen Williams, Special Administrator of the Estate of Roscoe Petty, et al. v. Safe Auto Insurance Company (NFP)
11A01-1202-CT-70
Civil tort. Affirms summary judgment for Safe Auto on its declaratory judgment action.
 
The Kroger Company d/b/a Jay C. Food Store v. Deborah and David Tincher (NFP)
47A04-1204-CT-194
Civil tort. Affirms denial of Kroger’s Trial Rule 60(B) motion to set aside a default judgment in favor of the Tinchers in their person injury action against Kroger.
 
Keith A. White v. State of Indiana (NFP)
79A02-1204-CR-312
Criminal. Affirms denial of White’s motion to correct erroneous sentence.

In Re: The Paternity of J.T.F., Minor Child, M.A.J., II, Father v. D.H., Mother, State of Indiana (NFP)
 53A05-1203-JP-179
Juvenile paternity. Affirms trial court’s denial of father’s motion for a paternity test.

 Derik Miller v. State of Indiana (NFP)
49A02-1112-CR-1152
Criminal. Affirms trial court’s guilty judgment but remands for correction of the abstract of judgment to reflect Miller’s conviction of driving while suspended is an infraction.

Mathew A. Johnson v. State of Indiana (NFP)
79A02-1110-CR-991
Criminal. Affirms trial court was not obligated to sever the counts against Johnson, the jury was properly instructed and the sentence was not inappropriate.

David T. Stephanoff v. State of Indiana (NFP)
48A02-1112-CR-1129
Criminal. Affirms the trial court’s order that Stephanoff serve the sentences for theft consecutive to the sentences for his two other crimes but remands for correction of scrivener’s error in the sentencing order.

Mark A. Johnson v. State of Indiana (NFP)
49A05-1112-CR-681
Criminal. Affirms Johnson’s rape conviction but based on double jeopardy principles, reverses convictions of criminal confinement and battery and remands for the trial court to correct its records accordingly.

In Re The Civil Commitment of: J.B. v. Community North Hospital Gallahue Mental Health (NFP)
49A04-1202-MH-85
Mental health. Affirms trial court’s order temporarily committing J.B. at Community Hospital North.
 
Pharoah D. Newton v. State of Indiana (NFP)
82A01-1111-CR-507
Criminal. Affirms Newton’s conviction and sentence for murder.
 
T.C., Jr. v. State of Indiana (NFP)
20A04-1112-JV-679
Juvenile. Affirms T.C.’s adjudication as a delinquent child for committing acts that would constitute child molesting if committed by an adult.
 
Ricky Rapier v. State of Indiana (NFP)
49A04-1202-CR-92
Criminal. Affirms Rapier’s conviction of battery as a Class D felony.

 

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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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