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. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  2. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  3. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  4. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  5. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

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