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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  2. Indianapolis Bar Association President John Trimble and I are on the same page, but it is a very large page with plenty of room for others to join us. As my final Res Gestae article will express in more detail in a few days, the Great Recession hastened a fundamental and permanent sea change for the global legal service profession. Every state bar is facing the same existential questions that thrust the medical profession into national healthcare reform debates. The bench, bar, and law schools must comprehensively reconsider how we define the practice of law and what it means to access justice. If the three principals of the legal service profession do not recast the vision of their roles and responsibilities soon, the marketplace will dictate those roles and responsibilities without regard for the public interests that the legal profession professes to serve.

  3. I have met some highly placed bureaucrats who vehemently disagree, Mr. Smith. This is not your father's time in America. Some ideas are just too politically incorrect too allow spoken, says those who watch over us for the good of their concept of order.

  4. Lets talk about this without forgetting that Lawyers, too, have FREEDOM OF SPEECH AND ASSOCIATION

  5. Baer filed with the U.S. Court of Appeals Seventh Circuit on April 30 2015. When will this be decided? How many more appeals does this guy have? Unbelievable this is dragging on like this.

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