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Judges uphold theft charge against man

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On interlocutory appeal, the Indiana Court of Appeals affirmed the denial of a man’s motion to dismiss his theft charge in Jay County because he caused the delay in the case by absconding. The case brought up the issue of whether knowledge by jail officials on the whereabouts of the defendant can mean that the judge and prosecutor were sufficiently notified.

George Feuston was arrested in Jay County and charged with Class D felony theft on May 3, 2009. While out on bond, he didn’t appear for his pretrial conference and was arrested in Delaware County on an unrelated charge in August 2009. In August 2010, Feuston filed a motion requesting a discharge of his theft charge pursuant to Indiana Criminal Rule 4(C) because more than a year had passed since he was arrested in Jay County. In an October 2010 motion, he attached a purported fax correspondence between the Delaware and Jay County jails showing that Jay County jail officials knew he was in the Delaware County jail, but there’s not chronological case summary entry in his Jay County case around the time the fax was sent.

The trial court denied his motion, concluding that he was responsible for all the delay from the time of his pre-trial hearing until August 2010 when he filed his motion.

In George A. Feuston v. State of Indiana, No. 38A02-1011-CR-1175, the judges affirmed the denial of his motion for discharge. The judges rejected his argument that his whereabouts is irrelevant because the trial court could set a trial date regardless of whether he is present, citing Schwartz v. State, 708 N.E.2d 34 (Ind. Ct. App. 1999). But Schwartz says that when the record is silent as for the reason for the delay, it won’t be charged to the defendant.

Judge Terry Crone wrote that the court was not inclined to create duty on the trial courts that they must fill their calendars with “place holder” trial dates for defendants who haven’t appeared or whose whereabouts are unknown.

The judges also discussed the issue of whether the Jay County jail officials had knowledge of Feuston’s location based on the fax presented by Feuston. The majority concluded that knowledge of a police office or correctional officer shouldn’t be imputed to the trial court or prosecutor in these circumstances, citing State ex rel. Johnson v. Kohlmeyer, 261 Ind. 244, 303 N.E.2d 661 (Ind. 1973).
 
Feuston didn’t present any evidence that the trial court or prosecutor knew where he was before he filed his August 2010 motion, so he hasn’t shown he’s entitled to discharge. In addition, he does not have clean hands in the matter since the prosecutor and court lost track of him because he absconded, wrote Judge Crone.

Chief Judge Margret Robb concurred in result because she felt the majority hold was too broad. She wrote that if there was indisputable evidence that jail officials knew where Feuston was and that he was incarcerated in Delaware County, the trial court and prosecutor were sufficiently notified of his whereabouts to begin the Rule 4(C) clock running as of that date.

But in this case, there is only evidence suggesting that the Jay County Jail became aware of his incarceration and the burden is on Feuston to support his claims, which he did not do, she wrote.

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  1. Call it unauthorized law if you must, a regulatory wrong, but it was fraud and theft well beyond that, a seeming crime! "In three specific cases, the hearing officer found that Westerfield did little to no work for her clients but only issued a partial refund or no refund at all." That is theft by deception, folks. "In its decision to suspend Westerfield, the Supreme Court noted that she already had a long disciplinary history dating back to 1996 and had previously been suspended in 2004 and indefinitely suspended in 2005. She was reinstated in 2009 after finally giving the commission a response to the grievance for which she was suspended in 2004." WOW -- was the Indiana Supreme Court complicit in her fraud? Talk about being on notice of a real bad actor .... "Further, the justices noted that during her testimony, Westerfield was “disingenuous and evasive” about her relationship with Tope and attempted to distance herself from him. They also wrote that other aggravating factors existed in Westerfield’s case, such as her lack of remorse." WOW, and yet she only got 18 months on the bench, and if she shows up and cries for them in a year and a half, and pays money to JLAP for group therapy ... back in to ride roughshod over hapless clients (or are they "marks") once again! Aint Hoosier lawyering a great money making adventure!!! Just live for the bucks, even if filthy lucre, and come out a-ok. ME on the other hand??? Lifetime banishment for blowing the whistle on unconstitutional governance. Yes, had I ripped off clients or had ANY disciplinary history for doing that I would have fared better, most likely, as that it would have revealed me motivated by Mammon and not Faith. Check it out if you doubt my reading of this, compare and contrast the above 18 months with my lifetime banishment from court, see appendix for Bar Examiners report which the ISC adopted without substantive review: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

  2. Wow, over a quarter million dollars? That is a a lot of commissary money! Over what time frame? Years I would guess. Anyone ever try to blow the whistle? Probably not, since most Hoosiers who take notice of such things realize that Hoosier whistleblowers are almost always pilloried. If someone did blow the whistle, they were likely fired. The persecution of whistleblowers is a sure sign of far too much government corruption. Details of my own personal experience at the top of Hoosier governance available upon request ... maybe a "fake news" media outlet will have the courage to tell the stories of Hoosier whistleblowers that the "real" Hoosier media (cough) will not deign to touch. (They are part of the problem.)

  3. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

  4. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

  5. A high ranking Indiana supreme Court operative caught red handed leading a group using the uber offensive N word! She must denounce or be denounced! (Or not since she is an insider ... rules do not apply to them). Evidence here: http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

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