ILNews

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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  4. My parents took advantage of the fact that I was homeless in 2012 and went to court and got Legal Guardianship I my 2 daughters. I am finally back on my feet and want them back, but now they want to fight me on it. I want to raise my children and have them almost all the time on the weekends. Mynparents are both almost 70 years old and they play favorites which bothers me a lot. Do I have a leg to stand on if I go to court to terminate lehal guardianship? My kids want to live with me and I want to raise them, this was supposed to be temporary, and now it is turning into a fight. Ridiculous

  5. Here's my two cents. While in Texas in 2007 I was not registered because I only had to do it for ten years. So imagine my surprise as I find myself forced to register in Texas because indiana can't get their head out of their butt long enough to realize they passed an ex post facto law in 2006. So because Indiana had me listed as a failure to register Texas said I had to do it there. Now if Indiana had done right by me all along I wouldn't need the aclu to defend my rights. But such is life.

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