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
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
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.
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)
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)
Juvenile. Affirms determination that N.L. is a child in need of services.

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

Michael Hay v. State of Indiana (NFP)
Criminal. Affirms sentence following guilty plea to Class D felony theft.

Dennis Roberson v. State of Indiana (NFP)
Post conviction. Affirms denial of petition for post-conviction relief.

Quentin A. Spencer v. State of Indiana (NFP)
Criminal. Affirms convictions of Class D felonies fraud and theft.

Neil A. Short v. State of Indiana (NFP)
Criminal. Affirms conviction of sexual misconduct with a minor as a Class C felony.

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

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

Maurits Wiersema v. Lisa (Wiersema) Bauman (NFP)
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)
Criminal. Affirms sentence imposed after revocation of probation.

Indiana Tax Court had posted no opinions at IL deadline.


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  1. I think the cops are doing a great job locking up criminals. The Murder rates in the inner cities are skyrocketing and you think that too any people are being incarcerated. Maybe we need to lock up more of them. We have the ACLU, BLM, NAACP, Civil right Division of the DOJ, the innocent Project etc. We have court system with an appeal process that can go on for years, with attorneys supplied by the government. I'm confused as to how that translates into the idea that the defendants are not being represented properly. Maybe the attorneys need to do more Pro-Bono work

  2. We do not have 10% of our population (which would mean about 32 million) incarcerated. It's closer to 2%.

  3. If a class action suit or other manner of retribution is possible, count me in. I have email and voicemail from the man. He colluded with opposing counsel, I am certain. My case was damaged so severely it nearly lost me everything and I am still paying dearly.

  4. There's probably a lot of blame that can be cast around for Indiana Tech's abysmal bar passage rate this last February. The folks who decided that Indiana, a state with roughly 16,000 to 18,000 attorneys, needs a fifth law school need to question the motives that drove their support of this project. Others, who have been "strong supporters" of the law school, should likewise ask themselves why they believe this institution should be supported. Is it because it fills some real need in the state? Or is it, instead, nothing more than a resume builder for those who teach there part-time? And others who make excuses for the students' poor performance, especially those who offer nothing more than conspiracy theories to back up their claims--who are they helping? What evidence do they have to support their posturing? Ultimately, though, like most everything in life, whether one succeeds or fails is entirely within one's own hands. At least one student from Indiana Tech proved this when he/she took and passed the February bar. A second Indiana Tech student proved this when they took the bar in another state and passed. As for the remaining 9 who took the bar and didn't pass (apparently, one of the students successfully appealed his/her original score), it's now up to them (and nobody else) to ensure that they pass on their second attempt. These folks should feel no shame; many currently successful practicing attorneys failed the bar exam on their first try. These same attorneys picked themselves up, dusted themselves off, and got back to the rigorous study needed to ensure they would pass on their second go 'round. This is what the Indiana Tech students who didn't pass the first time need to do. Of course, none of this answers such questions as whether Indiana Tech should be accredited by the ABA, whether the school should keep its doors open, or, most importantly, whether it should have even opened its doors in the first place. Those who promoted the idea of a fifth law school in Indiana need to do a lot of soul-searching regarding their decisions. These same people should never be allowed, again, to have a say about the future of legal education in this state or anywhere else. Indiana already has four law schools. That's probably one more than it really needs. But it's more than enough.

  5. This man Steve Hubbard goes on any online post or forum he can find and tries to push his company. He said court reporters would be obsolete a few years ago, yet here we are. How does he have time to search out every single post about court reporters and even spy in private court reporting forums if his company is so successful???? Dude, get a life. And back to what this post was about, I agree that some national firms cause a huge problem.