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Opinions Dec. 5, 2012

December 5, 2012
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7th Circuit Court of Appeals
United States of America v. Gregory Wolfe
11-3281
U.S. District Court, Northern District of Indiana, Hammond Division, Judge Rudy Lozano.
Criminal. Affirms convictions of bank theft and interstate transportation of stolen goods for Wolfe’s role in a copper theft scheme and his 88-month sentence, followed by concurrent three-year terms of supervised release, and order of more than $3 million in restitution. Wolfe argued that he was deprived of a fair trial because of statements the prosecutor made during closing argument. He also challenged the sentence and restitution order. Wolfe’s contentions lack merit.

Indiana Court of Appeals
In Re the Name Change of John William Resnover and In Re the Name Change of John Arthur Herron
49A02-1205-MI-364
Miscellaneous. Reverses denial of Resnover’s and Herron’s petitions to change their names. The trial court erred when it required a valid driver’s license or valid state ID card as a prerequisite to grant the petition for name change pursuant to I.C. 34-28-2. Remands for further proceedings. Judge Crone dissents in part.

Trenton Teague v. State of Indiana
89A01-1202-CR-86
Criminal. Affirms convictions and sentences for Class A felony burglary and Class C felony battery. The trial court did not abuse its discretion by admitting a 911 call and Teague’s aggregate, executed sentence of 40 years is appropriate. Judge Barnes concurs in result.

Bret Lee Sisson v. State of Indiana
09A02-1102-CR-199
Criminal. Affirms convictions of Class B felony burglary, Class B felony unlawful possession of a firearm by a serious violent felon, receiving stolen property as a Class D felony and adjudication as a habitual offender. There was no fundamental error when the state refiled the previously dismissed SVF charge and habitual offender allegation after Sisson’s first trial ended in a mistrial due to jury deadlock, and the trial court did not err in denying his motion for change of judge for sentencing purposes only. Affirms in all other respects.

Adoption of K.S., A Minor Child: A.S. and D.S. v. C.Z.
85A04-1205-AD-243
Adoption. Reverses denial of verified petition for adoption of K.S. and remands for further proceedings. The trial court erred in concluding that the natural mother’s consent to the adoption of her minor child by stepmother was required.  

Mitchell Burton v. State of Indiana
71A03-1203-CR-129
Criminal. Reverses conviction of Class D felony resisting law enforcement and remands for the trial court to vacate. The trial court abused its discretion in refusing to give Burton’s tendered self-defense and resistance of unlawful force instructions.

Tarique Henderson v. State of Indiana (NFP)
49A04-1202-CR-50
Criminal. Affirms convictions of Class A felony attempted murder and Class B felony unlawful possession of a firearm by a serious violent felon.
 
Agustin Martinez v. State of Indiana (NFP)
49A02-1203-CR-197
Criminal. Affirms convictions of two counts of Class C felony child molesting.

Kamari Hogue, A Minor, By and Through His Parent And Next Friend, Trent Hogue v. Robert Critz, Jr. (NFP)
02A05-1204-CT-192
Civil tort. Affirms jury verdict in Critz’s favor on Houge’s suit for negligence.

Robert D. Rogers, Jr. v. State of Indiana (NFP)
02A05-1204-CR-211
Criminal. Affirms conviction of failure to register as offender, elevated to a Class C felony as a result of a previous conviction for failure to register.

Mahamat Outman v. State of Indiana (NFP)
20A03-1204-CR-197
Criminal. Affirms application of the credit restricted felon statute to Outman’s conviction for Class A felony child molesting as alleged in Count III was not an ex post facto violation.

Kelvin Whitby v. State of Indiana (NFP)
02A03-1205-CR-226
Criminal. Affirms sentence for Class D felony domestic battery.

First Chicago Insurance Company v. Philip Hempel, Farm Bureau Insurance Company of Michigan, and American Transportation on Time, Inc. (NFP)
71A03-1202-PL-64
Civil plenary. Affirms dismissal of First Chicago’s complaint for declaratory judgment. The trial court did not err in dismissing the declaratory judgment action on principles of comity.

Susan Edwards v. Deutsche Bank National, Trust Company (NFP)
02A03-1201-MF-24
Mortgage foreclosure. Affirms summary judgment in favor of the bank in the bank’s in rem action against real property owned by Edwards.

Term. of the Parent-Child Rel. of: A.T., Minor Child, M.T., Father v. Indiana Dept. of Child Services (NFP)
42A04-1203-JT-118
Juvenile. Affirms involuntary termination of father’s parental rights.

Herman Gehl, II v. State of Indiana (NFP)
13A01-1203-CR-92
Criminal. Affirms sentence following guilty plea to two counts of Class D felony invasion of privacy.
 

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  1. OK, take notice. Those wondering just how corrupt the Indiana system is can see the picture in this post. Attorney Donald James did not criticize any judges, he merely, it would seem, caused some clients to file against him and then ignored his own defense. James thus disrespected the system via ignoring all and was also ordered to reimburse the commission $525.88 for the costs of prosecuting the first case against him. Yes, nearly $526 for all the costs, the state having proved it all. Ouch, right? Now consider whistleblower and constitutionalist and citizen journalist Paul Ogden who criticized a judge, defended himself in such a professional fashion as to have half the case against him thrown out by the ISC and was then handed a career ending $10,000 bill as "half the costs" of the state crucifying him. http://www.theindianalawyer.com/ogden-quitting-law-citing-high-disciplinary-fine/PARAMS/article/35323 THE TAKEAWAY MESSAGE for any who have ears to hear ... resist Star Chamber and pay with your career ... welcome to the Indiana system of (cough) justice.

  2. GMA Ranger, I, too, was warned against posting on how the Ind govt was attempting to destroy me professionally, and visit great costs and even destitution upon my family through their processing. No doubt the discussion in Indy today is likely how to ban me from this site (I expect I soon will be), just as they have banned me from emailing them at the BLE and Office of Bar Admission and ADA coordinator -- or, if that fails, whether they can file a complaint against my Kansas or SCOTUS law license for telling just how they operate and offering all of my files over the past decade to any of good will. The elitist insiders running the Hoosier social control mechanisms realize that knowledge and a unified response will be the end of their unjust reign. They fear exposure and accountability. I was banned for life from the Indiana bar for questioning government processing, that is, for being a whistleblower. Hoosier whistleblowers suffer much. I have no doubt, Gma Ranger, of what you report. They fear us, but realize as long as they keep us in fear of them, they can control us. Kinda like the kids' show Ants. Tyrannical governments the world over are being shaken by empowered citizens. Hoosiers dealing with The Capitol are often dealing with tyranny. Time to rise up: https://www.theguardian.com/technology/2017/jan/17/governments-struggling-to-retain-trust-of-citizens-global-survey-finds Back to the Founders! MAGA!

  3. Science is showing us the root of addiction is the lack of connection (with people). Criminalizing people who are lonely is a gross misinterpretation of what data is revealing and the approach we must take to combat mental health. Harsher crimes from drug dealers? where there is a demand there is a market, so make it legal and encourage these citizens to be functioning members of a society with competitive market opportunities. Legalize are "drugs" and quit wasting tax payer dollars on frivolous incarceration. The system is destroying lives and doing it in the name of privatized profits. To demonize loneliness and destroy lives in the land of opportunity is not freedom.

  4. Good luck, but as I have documented in three Hail Mary's to the SCOTUS, two applications (2007 & 2013),a civil rights suit and my own kicked-to-the-curb prayer for mandamus. all supported in detailed affidavits with full legal briefing (never considered), the ISC knows that the BLE operates "above the law" (i.e. unconstitutionally) and does not give a damn. In fact, that is how it was designed to control the lawyers. IU Law Prof. Patrick Baude blew the whistle while he was Ind Bar Examiner President back in 1993, even he was shut down. It is a masonic system that blackballs those whom the elite disdain. Here is the basic thrust:https://en.wikipedia.org/wiki/Blackballing When I asked why I was initially denied, the court's foremost jester wrote back that the ten examiners all voted, and I did not gain the needed votes for approval (whatever that is, probably ten) and thus I was not in .. nothing written, no explanation, just go away or appeal ... and if you appeal and disagree with their system .. proof positive you lack character and fitness. It is both arbitrary and capricious by its very design. The Hoosier legal elites are monarchical minded, and rejected me for life for ostensibly failing to sufficiently respect man's law (due to my stated regard for God's law -- which they questioned me on, after remanding me for a psych eval for holding such Higher Law beliefs) while breaking their own rules, breaking federal statutory law, and violating federal and state constitutions and ancient due process standards .. all well documented as they "processed me" over many years.... yes years ... they have few standards that they will not bulldoze to get to the end desired. And the ISC knows this, and they keep it in play. So sad, And the fed courts refuse to do anything, and so the blackballing show goes on ... it is the Indy way. My final experience here: https://www.scribd.com/document/299040062/Brown-ind-Bar-memo-Pet-cert I will open my files to anyone interested in seeing justice dawn over Indy. My cases are an open book, just ask.

  5. Looks like 2017 will be another notable year for these cases. I have a Grandson involved in a CHINS case that should never have been. He and the whole family are being held hostage by CPS and the 'current mood' of the CPS caseworker. If the parents disagree with a decision, they are penalized. I, along with other were posting on Jasper County Online News, but all were quickly warned to remove posts. I totally understand that some children need these services, but in this case, it was mistakes, covered by coorcement of father to sign papers, lies and cover-ups. The most astonishing thing was within 2 weeks of this child being placed with CPS, a private adoption agency was asking questions regarding child's family in the area. I believe a photo that was taken by CPS manager at the very onset during the CHINS co-ocerment and the intent was to make money. I have even been warned not to post or speak to anyone regarding this case. Parents have completed all requirements, met foster parents, get visitation 2 days a week, and still the next court date is all the way out till May 1, which gives them(CPS) plenty of to time make further demands (which I expect) No trust of these 'seasoned' case managers, as I have already learned too much about their dirty little tricks. If they discover that I have posted here, I expect they will not be happy and penalized parents again. Still a Hostage.

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