ILNews

COA named as defendant in federal lawsuit

Jennifer Nelson
January 1, 2007
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The Indiana Court of Appeals affirmed a conviction for Class C felony nonsupport of a dependant, despite the court being named as a defendant in a federal suit filed by the disgruntled appellant-defendant.

In Christopher J. Stephens v. State of Indiana, 20A05-0702-CR-95, Stephens appealed his felony conviction of nonsupport of his child, as well as issues that should have been challenged during his child support proceedings or trial on the matter.

Unhappy with the results of his child support order and conviction, Stephens and his father, Michael Jack Stephens, filed a federal lawsuit in the U.S. District court, Southern District of Indiana, against "all members" of the Indiana Court of Appeals, Michael Jack and Christopher Joe Stephens, et al. v. Elkhart County Superior Court No. 6, et al. 1:07-CV-0671-LJM-TAB.

In a footnote, Judge Michael Barnes references the lawsuit, "Because the lawsuit names 'all members,' it would be impossible to resolve this present appeal if all the judges of this court recused themselves. Therefore, the 'rule of necessity' mandates that we address this appeal because there is no one else to do it."

In the Court of Appeals opinion, Stephens brought up four issues for appeal: whether the trial court properly prohibited him from collaterally attacking the child support order entered by another court in a prior proceeding; whether the trial court properly denied his Baston challenge; whether the trial court properly rejected his affirmative defense of inability to pay; and whether there was sufficient evidence to enhance his conviction to a Class C felony of nonsupport.

Stephens had a child with Jessica Sluss and was originally order to pay her $64 a week in child support. Sluss petitioned for a modification of the order, which Stephens attended with no attorney, did not present documents showing his weekly or yearly earnings, and brought to court paperwork that reflected he earned $1,375.77 a week as a truck driver. Stephens claimed more than $850 came out of that total to cover fuel costs. The trial court increased his weekly support payments to $263.26 based on the $1,375.77. The trial court told Stephens in September 2004 that until he presented documentation to show his weekly gross income, that amount would stand.

Stephens never petitioned to modify the order and never made any payments to Sluss. He did not show up for court, was arrested in Georgia, and in January 2006 was charged with Class D felony nonsupport between July and November 2005 and Class C felony for nonsupport in excess of $15,000.

A jury found Stephens guilty of the Class D felony charge, and the trial court heard the enhancement portion of the trial and found him guilty of the Class C felony.

During the trial, Stephens was collaterally estopped from arguing the validity of the child support order increasing his weekly payments. The trial court did not abuse its discretion in collaterally estopping Stephens because child support modification orders must be challenged during proceedings or by direct appeal from the proceedings and not relitigated at the criminal court, wrote Judge Barnes.

The trial court was also not erroneous in overruling Stephen's objection to dismissing the only potential African-American juror. The trial court record shows the juror was dismissed because she said she found it difficult to accept how someone who was in prison and unable to pay child support could be convicted, not because of her race or gender.

The trial court correctly established that Stephens did not adequately prove his inability to pay the modified child support amount. The jury and trial court considered all evidence, including Stephens' and his father's testimony. The Court of Appeals also affirmed his conviction of the Class D felony based on state statute and evidence of arrearage presented during the bench trial, including testimony from the Elkhart Prosecutor's Office Child Support Division.

In May 2007, Stephens and his father filed the federal lawsuit naming several defendants, including the entire Court of Appeals, attorney general, Elkhart County Sheriff, and Elkhart County judges. In the brief, Stephens and his father contend the "judges, lawyers, court officers, CASA, and the like" did not follow the law and had "the Indiana Code and Child Support Guidelines been followed instead of being rewritten by the judge, we would NOT have this action to perform."
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  1. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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