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. I need an experienced attorney to handle a breach of contract matter. Kindly respond for more details. Graham Young

  2. I thought the slurs were the least grave aspects of her misconduct, since they had nothing to do with her being on the bench. Why then do I suspect they were the focus? I find this a troubling trend. At least she was allowed to keep her law license.

  3. Section 6 of Article I of the Indiana Constitution is pretty clear and unequivocal: "Section 6. No money shall be drawn from the treasury for the benefit of any religious or theological institution."

  4. Video pen? Nice work, "JW"! Let this be a lesson and a caution to all disgruntled ex-spouses (or soon-to-be ex-spouses) . . . you may think that altercation is going to get you some satisfaction . . . it will not.

  5. First comment on this thread is a fitting final comment on this thread, as that the MCBA never answered Duncan's fine question, and now even Eric Holder agrees that the MCBA was in material error as to the facts: "I don't get it" from Duncan December 1, 2014 5:10 PM "The Grand Jury met for 25 days and heard 70 hours of testimony according to this article and they made a decision that no crime occurred. On what basis does the MCBA conclude that their decision was "unjust"? What special knowledge or evidence does the MCBA have that the Grand Jury hearing this matter was unaware of? The system that we as lawyers are sworn to uphold made a decision that there was insufficient proof that officer committed a crime. How can any of us say we know better what was right than the jury that actually heard all of the the evidence in this case."

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