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Opinions Aug. 18, 2014

August 18, 2014
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Indiana Court of Appeals
Linda D. McIntire, and those similarly situated v. Franklin Township Community School Corporation
49A02-1401-PL-2
Civil plenary. Affirms summary judgment in favor of the school corporation on McIntire’s lawsuit challenging certain fees charged to students in high school. The trial court erred in concluding her claim was subject to the notice requirements of the Indiana Tort Claims Act, but affirms because McIntire may not maintain a claim for monetary damages under Article I, Section 8 of the Indiana Constitution.

In re: The 2011 Marion County Tax Sale, Floor-Essence, LLC v. Marion County Auditor and Marion County Treasurer
49A02-1311-MI-934
Miscellaneous. Affirms judgment in favor of county officials that tax sale deeds be issued from the sale of property owned by Floor-Essence LLC. The auditor substantially complied with the statutes governing the notices and that the manner of service was reasonably calculated under all the circumstances to apprise Floor-Essence of the pendency of the action and afford it an opportunity to object.

Efren Mendoza-Vargas v. State of Indiana (NFP)
20A03-1311-CR-430
Criminal. Affirms convictions of Class A felony dealing in methamphetamine, Class D felony maintaining a common nuisance and Class D felony possession of marijuana.

In the Matter of the Termination of the Parent-Child Relationship of: J.E., Minor Child, JY.E., Father v. Indiana Department of Child Services (NFP)
82A01-1401-JT-20
Juvenile. Affirms involuntary termination of father’s parental rights.

In the Matter of the Termination of the Parent-Child Relationship of: C.C. III (Minor Child) and C.C. II (Father) v. Indiana Department of Child Services (NFP)
82A01-1401-JT-39
Juvenile. Affirms order terminating father’s parental rights.

Anthony D. Dunn v. State of Indiana (NFP)
34A02-1402-CR-99
Criminal. Affirms order revoking community corrections placement and committing Dunn to the Department of Correction for the remainder of his sentence. Remands for correction of mathematical error in the calculation of credit time.

Prince Santiago v. State of Indiana (NFP)
49A05-1312-CR-619
Criminal. Affirms conviction of Class A misdemeanor resisting law enforcement.

William Hess v. C.A.D., C.N.D., John Doe, Jane Doe (NFP)
20A03-1401-CT-35
Civil tort. Affirms ruling that Hess is liable to C.A.D., C.N.D., and their parents for damages resulting in emotional distress, counseling expenses and lost wages after Hess molested the juveniles.

Craig Sampson v. State of Indiana (NFP)
87A01-1312-CR-534
Criminal. Affirms conviction of Class C felony child molesting.

Jim Edsall v. State of Indiana (NFP)
57A05-1402-PC-51
Post conviction. Affirms in part the denial of Edsall’s petition for post-conviction relief, Finds summary denial was improper on the issue of the validity of his guilty plea. The failure to address this issue requires remand for determination of whether he entered into his guilty plea knowingly and voluntarily.
 

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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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