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COA: Court should not have imposed 2-mile ban as part of probation

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The Indiana Court of Appeals found a trial court abused its discretion when it originally imposed a probation condition prohibiting a man from going within two miles of where he committed battery against a stranger.

Wayne Hurd was convicted of Class B misdemeanor battery for grabbing Susan Schneider from behind a bus stop at 39th and College Avenue in Indianapolis. The two did not know each other. She kicked Hurd in the groin and ran home to call police. At his trial, Hurd denied touching Schneider and explained that he had been diagnosed with paranoid schizophrenia and was taking medication.

Hurd’s public defender wanted Hurd’s mother to testify about his mental illness and demeanor, but she was not identified as a potential witness until the morning of the trial. The trial court did not let her testify, which Hurd challenged on appeal. The Court of Appeals affirmed because the offer of proof was not specific as to the substance of Hurd’s mother’s testimony, she was not present at the bus stop, and the trial court found the victim’s testimony credible and Hurd’s testimony to have gaps.

Hurd also challenged the original probation condition imposed in August 2013 that he stay approximately two miles away from 38th and College Avenue. Although the trial court amended the condition three months later to a “one block radius” of Schneider’s home, the probation department filed a notice of probation violation less than two weeks after the original condition was imposed. It alleged he was in the area of 4100 N. College Ave. on Aug. 11.

“It was reasonable for the trial court to express concern for Hurd’s mental health, and the court did so by ordering Hurd to comply with his treatment regimen at Gallahue. Further, given that Hurd’s conviction was for a crime against a person, it was also reasonable for the court to prohibit contact with Susan. However, prohibiting Hurd from entering a significant area of the central part of Indianapolis is not tailored to his rehabilitation or public safety,” Judge Nancy Vaidik wrote in Wayne Hurd v. State of Indiana, 49A02-1309-CR-753.

The judges remanded with instructions to vacate any pending probation violations based upon the original condition.
 

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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

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  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

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