ILNews

Supreme Court grants 3 transfers

Jennifer Nelson
January 1, 2008
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The Indiana Supreme Court granted transfer Thursday to three cases that involve amending charging information after the omnibus date, police questioning about drugs during a routine traffic stop, and consolidating a preliminary injunction hearing with a trial on the merits without notice.

In Michael Hill v. State of Indiana, No.49A02-0701-CR-110, the appellate court affirmed the trial court didn't err by allowing the state to amend the charging information to add the attempted sexual misconduct with a minor charge after the omnibus date. The Indiana Court of Appeals reversed Hill's conviction on the count and remanded for the trial court to vacate the conviction because the state didn't present sufficient evidence to convict Hill on the charge.

In State of Indiana v. Raymond L. Washington Jr., No. 02A03-0703-CR-124, the appellate court affirmed the trial court's order granting Washington's motion to suppress marijuana seized from his pocket during a traffic stop. The Court of Appeals addressed the propriety of the common practice of police officers asking a person if he or she has any drugs during an otherwise routine traffic stop and decided that the police officer's question of whether Washington had any drugs on him was unreasonable under Article 1, Section 11 of the Indiana Constitution.

In John C. Roberts, M.D. v. Community Hospitals of Indiana, Inc., No. 49A02-0701-CV-17, the Court of Appeals reversed the trial court's award of judgment in favor of Community Hospitals. The court determined Roberts was prejudiced by the consolidation of the preliminary injunction hearing with a trial on the merits without giving Roberts prior notice and remanded to the trial court to determine sufficiency of evidence to support the judgment in favor of Community Hospitals. Roberts had filed a preliminary injunction and temporary restraining order against Community Hospitals after he was terminated from a residency program for his history of unprofessional behavior.
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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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