ILNews

Opinions Sept. 15, 2010

September 15, 2010
Keywords
Back to TopE-mailPrintBookmark and Share

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.
 

ADVERTISEMENT

Sponsored by
2015 Distinguished Barrister &
Up and Coming Lawyer Reception

Tuesday, May 5, 2015 • 4:30 - 7:00 pm
Learn More


ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. I have dealt with more than a few I-465 moat-protected government attorneys and even judges who just cannot seem to wrap their heads around the core of this 800 year old document. I guess monarchial privileges and powers corrupt still ..... from an academic website on this fantastic "treaty" between the King and the people ... "Enduring Principles of Liberty Magna Carta was written by a group of 13th-century barons to protect their rights and property against a tyrannical king. There are two principles expressed in Magna Carta that resonate to this day: "No freeman shall be taken, imprisoned, disseised, outlawed, banished, or in any way destroyed, nor will We proceed against or prosecute him, except by the lawful judgment of his peers or by the law of the land." "To no one will We sell, to no one will We deny or delay, right or justice." Inspiration for Americans During the American Revolution, Magna Carta served to inspire and justify action in liberty’s defense. The colonists believed they were entitled to the same rights as Englishmen, rights guaranteed in Magna Carta. They embedded those rights into the laws of their states and later into the Constitution and Bill of Rights. The Fifth Amendment to the Constitution ("no person shall . . . be deprived of life, liberty, or property, without due process of law.") is a direct descendent of Magna Carta's guarantee of proceedings according to the "law of the land." http://www.archives.gov/exhibits/featured_documents/magna_carta/

  2. I'm not sure what's more depressing: the fact that people would pay $35,000 per year to attend an unaccredited law school, or the fact that the same people "are hanging in there and willing to follow the dean’s lead in going forward" after the same school fails to gain accreditation, rendering their $70,000 and counting education worthless. Maybe it's a good thing these people can't sit for the bar.

  3. Such is not uncommon on law school startups. Students and faculty should tap Bruce Green, city attorney of Lufkin, Texas. He led a group of studnets and faculty and sued the ABA as a law student. He knows the ropes, has advised other law school startups. Very astute and principled attorney of unpopular clients, at least in his past, before Lufkin tapped him to run their show.

  4. Not that having the appellate records on Odyssey won't be welcome or useful, but I would rather they first bring in the stray counties that aren't yet connected on the trial court level.

  5. Aristotle said 350 bc: "The most hated sort, and with the greatest reason, is usury, which makes a gain out of money itself, and not from the natural object of it. For money was intended to be used in exchange, but not to increase at interest. And this term interest, which means the birth of money from money, is applied to the breeding of money because the offspring resembles the parent. Wherefore of an modes of getting wealth this is the most unnatural.

ADVERTISEMENT