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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. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  2. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  3. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  4. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

  5. Seventh Circuit Court Judge Diane Wood has stated in “The Rule of Law in Times of Stress” (2003), “that neither laws nor the procedures used to create or implement them should be secret; and . . . the laws must not be arbitrary.” According to the American Bar Association, Wood’s quote drives home this point: The rule of law also requires that people can expect predictable results from the legal system; this is what Judge Wood implies when she says that “the laws must not be arbitrary.” Predictable results mean that people who act in the same way can expect the law to treat them in the same way. If similar actions do not produce similar legal outcomes, people cannot use the law to guide their actions, and a “rule of law” does not exist.

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