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Opinions June 3, 2013

June 3, 2013
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7th Circuit Court of Appeals
United States of America v. Jeffrey Weaver
12-3324
Criminal. Vacates judgment of the U.S. District Court for the Southern District of Indiana and remands for resentencing. Weaver was sentenced to 235 months imprisonment after the District Court determined his sentence should be enhanced because he was functioning as a manager/supervisor in supplying methamphetamine to two buyers and pressuring them to sell the drugs. The Circuit Court found his actions did not rise to the 3-level enhancement because he did not have the control necessary to coerce the buyers. Instead Weaver was encouraging behavior that would protect his investment and insure payment of the debt owed to him.  

The following opinion was issued after IL deadline Friday.
SAMS Hotel Group, LLC v. Environs, Inc.
12-2979
Civil. Affirms judgment of the U.S. District Court for the Southern District of Indiana that SAMS Hotel Group’s damages were limited to $70,000. The hotel group sued Environs for breach of contract after the hotel that Environs designed was found to have serious structural flaws and had to be demolished before being opened. SAMS argued its damages should exceed the limitation of liability provision in the contract because the language of the contract did not refer explicitly to Environs’ own negligence. Finding no indication in Indiana case law that the Indiana Supreme Court would extend the specificity rule to a limitation of liability clause that was knowingly negotiated by two sophisticated commercial entities, the Circuit Court concluded the district court properly held SAMS to the terms of its contract.

Indiana Court of Appeals
Bryant E. Wilson v. State of Indiana
27A02-1212-CR-1012
Criminal. Affirms in a divided opinion trial court denial of motion to correct erroneous sentence for convictions of Class A felony rape and criminal deviate conduct and Class B felony robbery. Judges Terry Crone and Ezra Friedlander affirmed the trial court’s denial, holding the aggregate sentence of 50 years in prison that included a partial consecutive sentence on the lesser count was not erroneous on its face. Chief Judge Margret Robb would reverse the denial, writing in dissent that she believed the sentence was erroneous because the partial consecutive sentence was not explicitly permitted by statute.

Indiana Supreme Court and Indiana Tax Court issued no opinions by IL deadline Monday.

 

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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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