ILNews

Supreme Court accepts 4 cases

Michael W. Hoskins
January 1, 2007
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The Indiana Supreme Court has granted transfer in four cases.

Justices heard arguments Tuesday morning in Philip Littler v. State, 71A03-0510-CR-509, and granted transfer later that day. The case is a murder conviction appeal involving whether the trial court abused discretion in excluding certain testimony from the victim ;s mother, properly allowed the state to add a murder charge after the omnibus date, and whether sufficient evidence was provided to support the charge. The Court of Appeals had affirmed the lower court ;s rulings in a memorandum opinion in December.

In Idan Filip v. Carrie Block, No. 75A05-0601-CV-10, the Court of Appeals in December issued a decision reversing and remanding a case involving a couple ;s insurance policy at issue in a 2003 fire loss. The lower appellate court had determined the negligence action was brought within a two-year statute of limitations and that an issue of material fact existed as to how much the couple relied on insurance agent Carrie Block ;s advice in procuring the insurance coverage, and her subsequent failure to notify them the acquired coverage was inadequate.

A third case transferred is Linda Keesling v. Frederick Beegle, 18A04-0501-CV-10, which the Court of Appeals in December affirmed and reversed in part. The case involves fraud, theft, conversion, racketeering, and securities claims relating to the selling of telephone systems, including payphones.

The justices also granted transfer in Michael Robertson v. State of Indiana , 49A05-0512-CR-731, which comes from a January Court of Appeals decision stemming from a felony theft case. The appellate court affirmed that evidence was sufficient for the conviction, but that the enhanced and consecutive sentence was incorrect and instructed the court to revise the sentence from two years to the advisory 1 ½ years.

 
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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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