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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  1. why is the State trying to play GOD? Automatic sealing of a record is immoral. People should have the right to decide how to handle a record. the state is playing GOD. I have searched for decades, then you want me to pay someone a huge price to contact my son. THIS is extortion and gestapo control. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW.

  2. I haven't made some of the best choices in the last two years I have been to marion county jail 1 and two on three different occasions each time of release dates I've spent 48 to 72 hours after date of release losing a job being denied my freedom after ordered please help

  3. Out here in Kansas, where I now work as a government attorney, we are nearing the end of a process that could have relevance in this matter: "Senate Bill 45 would allow any adult otherwise able to possess a handgun under state and federal laws to carry that gun concealed as a matter of course without a permit. This move, commonly called constitutional carry, would elevate the state to the same club that Vermont, Arizona, Alaska and Wyoming have joined in the past generation." More reading here: http://www.guns.com/2015/03/18/kansas-house-panel-goes-all-in-on-constitutional-carry-measure/ Time to man up, Hoosiers. (And I do not mean that in a sexist way.)

  4. This is why it is important to consider Long term care insurance. For you and for your loved ones

  5. I am terrified to see Fracking going on not only in Indiana but in Knox county. Water is the most important resource we have any where. It will be the new gold, and we can't live without it and we can live without gold. How ignorant are people?

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