ILNews

Opinions Nov. 2, 2011

November 2, 2011
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7th Circuit Court of Appeals had posted no Indiana opinions at IL deadline.

Indiana Supreme Court had posted no opinions at IL deadline.


Indiana Court of Appeals
Monte Murphy v. State of Indiana (NFP)
18A02-1009-CR-1040
Criminal. Affirms convictions of three counts of receiving a ballot, entered as Class A misdemeanors.

Wilkie Brooks v. State of Indiana (NFP)
49A02-1103-CR-278
Criminal. Affirms conviction of Class D felony resisting law enforcement.

Ronald J. Lampitok v. State of Indiana (NFP)
79A05-1011-CR-773
Criminal. Reverses conviction of and sentence for carrying a handgun without a license. Finds harmless errors in admitting Exhibit 44 and allowing the state to amend its charging information for Lampitok’s habitual offender charge.

Steven D. Hadley v. State of Indiana (NFP)
55A05-1106-CR-299
Criminal. Affirms sentence following guilty plea to Class B felony criminal confinement while armed with a deadly weapon and Class B felony criminal confinement.

Janet Greenwell v. Gregory J. Loomis, M.D. and Matthew B. Kern, M.D. (NFP)
82A04-1003-CT-173
Civil tort. Affirms jury verdict in favor of doctors Gregory Loomis and Matthew Kern on Greenwell’s medical malpractice complaint.

Stan Rekewig LLC, Stanley Rekewig, Susan K. Rekewig, et al. v. Dickason Truck & Equipment, Inc., n/k/a FSD Enterprises, Inc., Frank W. Dickason Trust Number One, et al. (NFP)
90A02-1012-CC-1371
Civil collection. Affirms judgment of foreclosure of real estate in favor of Dickason Truck Equipment.

Indiana Tax Court
Jaklin Idris and Dariana Kamenova v. Marion County Assessor
49T10-1108-TA-49
Tax. Denies the assessor’s motion in its entirety to dismiss Idris’ and Kamenova’s tax appeal. Idris’ reliance on the clerk as the means to effect service did not run afoul of statutory requirements for initiating an original tax appeal under Indiana Code 6-1.1-15-5 because that statute recites no preference for any particular method of service. While Idris’ method of service admittedly did not comply with Tax Court Rule 16(C), it was consistent with the spirit and purpose of the rule.
 

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  1. A sad end to a prolific gadfly. Indiana has suffered a great loss in the journalistic realm.

  2. Good riddance to this dangerous activist judge

  3. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  4. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  5. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

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