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Opinions Sept. 23, 2010

September 23, 2010
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Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Commitment of A.L.
49A02-1001-MH-76
Mental health. Affirms order of temporary commitment. Any error in the admission of evidence or consideration of Wishard’s argument as to A.L.’s dangerousness was not a blatant violation of fundamental fairness and didn’t cause substantial and apparent harm to her.

Steven D. Hyche v. State of Indiana
49A02-0911-CR-1154
Criminal. Vacates convictions of felony murder and dealing in a controlled substance. Because the record is devoid of any evidence that Hyche was acting in any capacity other than that of a purchaser of ecstasy, it’s insufficient to support a dealing conviction and therefore a felony murder conviction based on the dealing one.

Freudenberg-Nok General Partnership v. Allison Transmission, Inc. (NFP)
49A04-1003-PL-141
Civil plenary. Affirms preliminary injunction requiring Freudenberg-Nok to continue selling parts to Allison Transmission pursuant to the terms of their contracts.

Michael Deloney v. State of Indiana (NFP)
48A02-1003-CR-281
Criminal. Affirms revocation of probation and execution of a portion of Deloney’s previously suspended sentences.

Anna Galuoppo v. Richard Galuoppo (NFP)
08A02-1002-DR-199
Domestic relation. Affirms order denying Anna’s motion to correct error in the dissolution of her marriage.

Buffy L. Heckler v. Gary L. Heckler and Beverly J. Heckler (NFP)
32A05-1003-DR-217
Domestic relation. Affirms denial of Buffy Heckler’s motion for attorney’s fees and costs.

Indiana Tax Court had posted no opinions at IL deadline.
 

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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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