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Opinions Sept. 15, 2010

September 15, 2010
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Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Alexander Gatzimos, M.D. v. Boone County and State of Indiana
06A05-0911-CV-664
Civil. Grants the state’s motion to dismiss Dr. Gatzimos’ appeal of the trial court order denying his petition for expungement. Remands to the trial court to allow Gatzimos the opportunity to present admissible evidence as to whether his charges were dismissed because of mistaken identity; no offense was actually committed; or there was an absence of probable cause.

William Nolan v. City of Indianapolis
49A02-1002-CT-192
Civil tort. Affirms summary judgment for the City of Indianapolis. The COA holding in Nolan’s criminal appeal that his arrest was lawful precludes him from re-litigating that issue in a civil case brought by him for false arrest and false imprisonment.

Phyllis Woodsmall, et al. v. Lost Creek Township Conservation Club, Inc.
84A01-1001-PL-33
Civil plenary. Affirms judgment denying homeowners injunctive relief on Woodsmall and the other’s nuisance claim. The evidence doesn’t lead solely to the conclusion that Lost Creek used its property to the detriment of the homeowners.

Joshua H. Field v. State of Indiana (NFP)
67A05-1003-CR-262
Criminal. Reverses conviction of Class A misdemeanor intimidation and remands with instructions to vacate this conviction and sentence.

N.L., Alleged to be CHINS; B.L. v. Marion County DCS and Child Advocates (NFP)
49A02-1002-JC-140
Juvenile. Affirms determination that N.L. is a child in need of services.

Kyle Kiplinger v. State of Indiana (NFP)
62A01-1004-CR-195
Criminal. Affirms 65-year sentence for murder imposed during a re-sentencing hearing.

Michael Hay v. State of Indiana (NFP)
49A04-1002-CR-90
Criminal. Affirms sentence following guilty plea to Class D felony theft.

Dennis Roberson v. State of Indiana (NFP)
27A04-1001-PC-102
Post conviction. Affirms denial of petition for post-conviction relief.

Quentin A. Spencer v. State of Indiana (NFP)
20A04-1002-CR-62
Criminal. Affirms convictions of Class D felonies fraud and theft.

Neil A. Short v. State of Indiana (NFP)
32A01-1002-CR-54
Criminal. Affirms conviction of sexual misconduct with a minor as a Class C felony.

George D. Harding, II v. State of Indiana (NFP)
18A05-1003-CR-202
Criminal. Affirms convictions of two counts of sexual misconduct with a minor as Class C felonies.

Lusako G. Musopole v. State of Indiana (NFP)
71A03-1002-CR-71
Criminal. Affirms conviction of Class D felony operating a vehicle while intoxicated.

Maurits Wiersema v. Lisa (Wiersema) Bauman (NFP)
02A03-0912-CV-571
Civil. Affirms valuation of Wiersema’s IMAGI holdings at the time of final separation at $1,000,000.00, including 2007 tax refunds in the marital estate, assigning half of the Sycamore Hills membership to Bauman, assigning the Bauman Investment to Bauman, and assessing GAL fees. Reverses decision to include unvested portions of Wiersema’s IMA 401(k) in the marital estate and failure to assign liability for half of certain property taxes paid post-filing by Wiersema to Bauman. Remands to revise the final dissolution order so as not to include the unvested portions of Wiersema’s 401(k) in the marital estate, assign half of the property tax liability to Bauman, and recalculate the distribution of the marital estate as appropriate.

Robert Coslet v. State of Indiana (NFP)
45A03-1003-CR-147
Criminal. Affirms sentence imposed after revocation of probation.

Indiana Tax Court had posted no opinions at IL deadline.
 

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  1. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  2. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

  3. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  4. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  5. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

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