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Opinions April 16, 2014

April 16, 2014
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Indiana Supreme Court
David Bleeke v. Bruce Lemmon, in his capacity as Commissioner of the Indiana Department of Correction; Thor R. Miller, as Chairman of the Indiana Parole Board; et al.
02S05-1305-PL-364
Civil plenary. Reverses the trial court’s grant of summary judgment in favor of the parole board with respect to Bleeke’s additional parole conditions 4, 5, 17, 19 and 20, and remands with instructions that it enter an order enjoining the parole board from enforcing those conditions. Summarily affirms the Court of Appeals opinion with respect to its analysis of Bleeke’s additional parole conditions 8, 15, 17 and 19, and his challenges to Ind. Code §§ 11-13-3-4(g) and 35-42-4-11, and remands with instructions that the trial court also enter an order enjoining the parole board from enforcing conditions 8 and 15 unless it clarifies them first, and enjoining the parole board from enforcing those statutory parole conditions derived from the unconstitutionally overbroad labeling of Bleeke as an “offender against children.” Affirms the trial court’s grant of summary judgment in favor of the parole board with respect to Bleeke’s remaining additional conditions. Affirms the trial court’s grant of summary judgment to the parole board with respect to Bleeke’s claims about the constitutionality of the Sex Offender Management and Monitoring Program.

Indiana Court of Appeals
Daniel Dodd v. State of Indiana (NFP)
48A02-1310-CR-847
Criminal. Affirms sentence following guilty plea to Class B felony burglary; two counts of Class D felony theft; Class D felonies possession of a schedule IV controlled substance, unlawful possession of a legend drug, and unlawful sale of a legend drug; and possession of marijuana as a Class A misdemeanor.

Katrina Baker v. State of Indiana (NFP)
10A05-1308-CR-396
Criminal. Affirms conviction of Class A felony robbery.

Jeffrey L. Daniel v. State of Indiana (NFP)
41A01-1306-CR-294
Criminal. Affirms conviction and sentence for Class A felony burglary resulting in serious bodily injury.

Ontorio Frye v. State of Indiana (NFP)
49A02-1309-CR-793
Criminal. Affirms convictions of Class A misdemeanor operating a vehicle while intoxicated and Class B misdemeanor disorderly conduct.

Philip H. Chamberlain v. State of Indiana (NFP)
53A01-1305-CR-247
Criminal. Reverses order Chamberlain pay $15,000 in restitution. Because a restitution order cannot be based on an incident for which a defendant is not convicted and the court can’t determine from the trial record what Chamberlain’s counterfeiting conviction covers, the case is remanded for a determination of the amount of restitution, if any, the victim is entitled to for his counterfeiting conviction only.

Jimmy Isbell v. State of Indiana (NFP)
46A03-1306-CR-203
Criminal. Affirms sentence for Class A felony neglect of a dependent.

Bryan J. Fields v. State of Indiana (NFP)
20A03-1308-CR-330
Criminal. Affirms conviction of Class D felony theft.

Chas J. Harper v. State of Indiana (NFP)
40A01-1307-PC-286
Post conviction. Affirms denial of petition for post-conviction relief and remands to the trial court with instructions to correct the sentencing order, abstract of judgment and chronological case summary to reflect that the 30-year habitual offender enhancement serves as an enhancement of Harper’s Class A felony dealing in methamphetamine sentence.  

In the Matter of the Involuntary Termination of the Parent-Child Relationship of M.P., Minor Child, and her Father M.J.P., M.J.P. v. Indiana Department of Child Services (NFP)
02A03-1309-JT-388
Juvenile. Affirms termination of parental rights.

The Indiana Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.
 

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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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