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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. Some are above the law in Indiana. Some lined up with Lodges have controlled power in the state since the 1920s when the Klan ruled Indiana. Consider the comments at this post and note the international h.q. in Indianapolis. http://www.theindianalawyer.com/human-trafficking-rising-in-indiana/PARAMS/article/42468. Brave journalists need to take this child torturing, above the law and antimarriage cult on just like The Globe courageously took on Cardinal Law. Are there any brave Hoosier journalists?

  2. I am nearing 66 years old..... I have no interest in contacting anyone. All I need to have is a nationality....a REAL Birthday...... the place U was born...... my soul will never be at peace. I have lived my life without identity.... if anyone can help me please contact me.

  3. This is the dissent discussed in the comment below. See comments on that story for an amazing discussion of likely judicial corruption of some kind, the rejection of the rule of law at the very least. http://www.theindianalawyer.com/justices-deny-transfer-to-child-custody-case/PARAMS/article/42774#comment

  4. That means much to me, thank you. My own communion, to which I came in my 30's from a protestant evangelical background, refuses to so affirm me, the Bishop's courtiers all saying, when it matters, that they defer to the state, and trust that the state would not be wrong as to me. (LIttle did I know that is the most common modernist catholic position on the state -- at least when the state acts consistent with the philosophy of the democrat party). I asked my RCC pastor to stand with me before the Examiners after they demanded that I disavow God's law on the record .... he refused, saying the Bishop would not allow it. I filed all of my file in the open in federal court so the Bishop's men could see what had been done ... they refused to look. (But the 7th Cir and federal judge Theresa Springmann gave me the honor of admission after so reading, even though ISC had denied me, rendering me a very rare bird). Such affirmation from a fellow believer as you have done here has been rare for me, and that dearth of solidarity, and the economic pain visited upon my wife and five children, have been the hardest part of the struggle. They did indeed banish me, for life, and so, in substance did the the Diocese, which treated me like a pariah, but thanks to this ezine ... and this is simply amazing to me .... because of this ezine I am not silenced. This ezine allowing us to speak to the corruption that the former chief "justice" left behind, yet embedded in his systems when he retired ... the openness to discuss that corruption (like that revealed in the recent whistleblowing dissent by courageous Justice David and fresh breath of air Chief Justice Rush,) is a great example of the First Amendment at work. I will not be silenced as long as this tree falling in the wood can be heard. The Hoosier Judiciary has deep seated problems, generational corruption, ideological corruption. Many cases demonstrate this. It must be spotlighted. The corrupted system has no hold on me now, none. I have survived their best shots. It is now my time to not be silent. To the Glory of God, and for the good of man's law. (It almost always works that way as to the true law, as I explained the bar examiners -- who refused to follow even their own statutory law and violated core organic law when banishing me for life -- actually revealing themselves to be lawless.)

  5. to answer your questions, you would still be practicing law and its very sad because we need lawyers like you to stand up for the little guy who have no voice. You probably were a threat to them and they didnt know how to handle the truth and did not want anyone to "rock the boat" so instead of allowing you to keep praticing they banished you, silenced you , the cowards that they are.

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