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Opinions July 2, 2014

July 2, 2014
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Indiana Supreme Court
In the Matter of: Steve L. Brejensky
29S00-1205-DI-277
Discipline. Imposes at least one-year suspension without automatic reinstatement based on Brejensky’s conviction of Class A misdemeanor conversion and lack of remorse. He may be reinstated only after proving his remorse, rehabilitation and fitness to practice law. The costs of the proceeding are assessed against him.

In the Matter of: Patrick H. Stern
49S00-1205-DI-255
Discipline. Suspends Stern for at least 18-months without automatic reinstatement  for  failing to provide competent representation, representing clients with conflicting interests, asserting frivolous legal positions and engaging in deceptive practices with a court and the Disciplinary Commission.  Requires Stern to undergo a reinstatement proceeding before resuming practice. Justice David dissents regarding the discipline imposed, believing it is insufficient.

Indiana Court of Appeals
Somerville Auto Transport Service, Inc. and Robert Souza v. Automotive Finance Corporation
49A02-1307-CC-559
Civil collection.  Affirms orders placing the cause of action on the active docket and granting summary judgment in favor of Automotive Finance Corp against Somerville and Souza on an outstanding loan owed to AFC.  Finds trial court could place case back on docket  based on T.R. 60(A) after it had previously dismissed it with prejudiced, and finds that AFC provided sufficient evidence to show it reasonably believed Robson Merenciano was an agent of the dealership for purpose of purchasing vehicles using Somerville’s line of credit.

Charlotte Wiggins v. State of Indiana (NFP)
49A02-1311-CR-972
Criminal. Affirms conviction of Class B misdemeanor criminal mischief.

Robin Shannon v. State of Indiana (NFP)
49A02-1312-CR-1010
Criminal. Affirms conviction of Class D felony theft.

David Wickizer v. State of Indiana (NFP)
49A05-1310-CR-518
Criminal. Affirms conviction of Class A misdemeanor battery.

The Indiana Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.
 

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  1. Is it possible to amend an order for child support due to false paternity?

  2. He did not have an "unlicensed handgun" in his pocket. Firearms are not licensed in Indiana. He apparently possessed a handgun without a license to carry, but it's not the handgun that is licensed (or registered).

  3. Once again, Indiana's legislature proves how friendly it is to monopolies. This latest bill by Hershman demonstrates the lengths Indiana's representatives are willing to go to put big business's (especially utilities') interests above those of everyday working people. Maassal argues that if the technology (solar) is so good, it will be able to compete on its own. Too bad he doesn't feel the same way about the industries he represents. Instead, he wants to cut the small credit consumers get for using solar in order to "add a 'level of certainty'" to his industry. I haven't heard of or seen such a blatant money-grab by an industry since the days when our federal, state, and local governments were run by the railroad. Senator Hershman's constituents should remember this bill the next time he runs for office, and they should penalize him accordingly.

  4. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  5. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

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