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Opinions Nov. 20, 2012

November 20, 2012
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7th Circuit Court of Appeals
United States of America v. Lincoln Plowman
11-3781
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Larry J. McKinney.
Criminal. Affirms Plowman’s convictions of federal funds bribery and attempted extortion under color of official right. The District Court did not err when it precluded him from arguing entrapment to the jury.

Shane A. Holloway v. Delaware County Sheriff, in his official capacity, et al.
http://media.ibj.com/Lawyer/websites/opinions/index.php?pdf=2012/november/ND0NZ09G.pdf
12-2592
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Jane E. Magnus-Stinson.
Civil. Affirms summary judgment for the defendants on Holloway’s lawsuit alleging the sheriff violated his rights by detaining him without charges for nine days and that the jail physician and two of his attending nurses violated his constitutional rights by acting with deliberate indifference as to his serious medical condition. Based on the evidence, no reasonable jury could have concluded the doctor acted with deliberate indifference, the nurses could not prescribe medicine on their own, and Holloway can’t demonstrate that the sheriff’s actions violated due process or that the sheriff acted pursuant to an unconstitutional policy or custom.

Indiana Court of Appeals
Dennis Vermillion v. State of Indiana
13A01-1201-CR-17
Criminal. Affirmed in part, reversed in part and remanded for resentencing. The COA ruled Vermillion’s convictions do not violate double jeopardy and while the admission of prior-misconduct evidence was an error, it did not constitute a fundamental error. Also, the court concluded the trial court acted within its discretion in ordering Vermillion to serve consecutive sentences. However, it did find Vermillion’s total sentence exceeds the cap permitted by the Indiana Code section 35-50-1-2(c).

Cynthia L. Seleme v. JP Morgan Chase Bank, National Association, as successor by merger to Chase Home Finance
02A03-1205-MF-234
Mortgage foreclosure. Affirms trial court denial of relief from judgment on a residential mortgage, finding that the plaintiff did not demonstrate a meritorious defense as required under Trial Rule 60(B)(1), (3), or (7).

Richard Troy Dunno v. Ronalee Rasmussen
02A03-1207-PO-310
Protective order. Reverses trial court’s judgment ordering Dunno to pay Rasmussen’s attorney fees when she contested a protective order that Dunno had been granted against her on the allegation that she hit him with a vodka bottle, resulting in 18 stitches. The COA held that the trial court abused its discretion in awarding attorney fees to Rasmussen when she presented evidence at a hearing Dunno didn’t attend saying that she wasn’t the aggressor. The court held that awarding of fees was an abuse of discretion because the trial court cited no statutory authority under which the award could be made.

In the Matter of the Commitment of L.W. v. Wishard Health Services, Midtown Community Mental Health Center (NFP)
49A05-1202-MH-70
Mental Health. Affirms trial court’s order to involuntarily commit L.W. to Midtown Community Mental Health Center.

A.M. v. State of Indiana (NFP)
67A01-1205-JV-211
Juvenile Delinquency. Reverses trial court’s order adjudicating A.M. as a delinquent child.

Daniel R. Fuquay, Sr. v. State of Indiana (NFP)
82A01-1110-PC-519
Post-Conviction Relief Petition. Affirms denial of petition for post-conviction relief.

Paulette Petkovich, et al. v. Prime Contractors Co., Inc. (NFP)
64A03-1203-MF-102
Mortgage Foreclosure. Affirms in part, reserves in part, and remands. The COA affirms the award of attorney’s fees to Prime Contractors; but reverses and remands the trial court’s judgment in setting the priority of the various liens on the home.

Jose Gonzalez v. State of Indiana (NFP)
48A02-1203-CR-182
Criminal. Affirms the trial court’s decision to sentence Gonzalez to 40 years.

Damian Ray Ramirez v. State of Indiana (NFP)
71A04-1205-CR-274
Criminal. Affirms conviction for battery with a deadly weapon, a Class C felony.

In the Matter of the Term. of the Parent-Child Rel. of B.T., C.K. and D.K.; D.K. v. Indiana Dept. of Child Services (NFP)
49A05-1202-JT-89
Juvenile Termination of Parental Rights. Affirms mother’s involuntary termination of her parental rights to her minor children, B.T., C.K. and D.K.

Gerald E. Smith v. Ronda K. (Smith) Busch (NFP)
67A01-1205-DR-241
Domestic Relation. Reverses the granting of the motion to correct error and remands this matter to the trial court with instructions to reinstate its order granting the Trial Rule 41(E) dismissal.

Carmel Lofts LLC and Keystone Construction Corp. v. Elbrecht Investments, LLC (NFP)
29A05-1205-PL-266
Civil Plenary. Affirms trial court’s granting of summary judgment for Elbrecht on its mechanic’s lien claim against Carmel Lofts for the full amount of its retainage.

Edward Graveline v. Melina (Graveline) Peyovich (NFP)
45A04-1201-DR-28
Domestic Relation. Affirms trial court’s denial of Graveline’s motion for relief from judgment and declines to award appellate attorney fees in this matter.

In the Matter of the Term. of the Parent-Child Rel. of J.R. and L.R.; and J.E. v. Indiana Dept. of Child Services (NFP)
09A05-1203-JT-152
Juvenile Termination of Parental Rights. Affirms the involuntary termination of father’s rights to his children, J.R. and L.R.

Dequincy Lopez v. State of Indiana (NFP)
49A04-1204-PC-184
Post-Conviction Relief Petition. Affirms denial of Lopez’s request for post-conviction relief.

Ivan Calderon v. State of Indiana (NFP)
49A04-1202-CR-88
Criminal. Affirms conviction of disarming a law enforcement officer as a Class C felony, pointing a firearm as a Class D felony, resisting law enforcement as a Class D felony, possession of marijuana as a Class A misdemeanor, and carrying a handgun without a license as a Class A misdemeanor. Finds trial court did not commit a fundamental error when it admitted the evidence seized from Calderon.  

John R. Northern v. State of Indiana (NFP)
56A03-1202-CR-62
Criminal. Affirms conviction of dealing in methamphetamine as a Class A felony and conspiracy to deal in methamphetamine as a Class A felony.

Dannie Engram v. State of Indiana (NFP)
49A02-1204-PC-309
Post-Conviction Relief Petition. Affirms denial of Engram’s petition for post-conviction relief.

Washaun Jones v. State of Indiana (NFP)
49A02-1204-CR-342
Criminal. Reverse and remands with instructions to vacate trial court’s order regarding the denial of Jones’s credit time for bad behavior and to correct the abstract of judgment so it reflects that Jones was convicted of dealing in cocaine as a Class B felony.

Todd Baker and Susan Baker v. Marathon Pipe Line, LLC (NFP)
87A01-1204-PL-156
Civil Plenary. Affirms denial of Bakers’ motion to correct error on the issue of whether their amended counterclaim for malicious prosecution was properly dismissed and of their motion to file a second amended counterclaim on the malicious prosecution and attorney fees issues.  
 

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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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