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Aye Chihuahua! Dog’s domain remains Indiana, appeals court rules

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Sofie, the black-and-white Chihuahua-rat terrier mix, stays in Indiana, the Court of Appeals affirmed in a canine custody challenge.

Despite finding clear error, the panel rejected an appeal by a former Indiana resident who now lives in North Carolina and sought to use a protective order to claim custody of Sofie in Heather Herren v. Jerry Dishman, 18A04-1304-SC-162.

Jerry Dishman received Sofie from a former girlfriend, the record shows, before he and Heather Herren began an on-again, off-again relationship that included a period of incarceration for Dishman during which Herren cared for the animal.

Herren later moved to North Carolina and Dishman followed, but he soon returned to Muncie with Sofie. Herren claimed Dishman threatened her, and she obtained a protective order after he left that granted her “the care, custody, and control of any animal owned, possessed, kept, or held as a pet by either party."

Herren traveled to Indiana and presented the order to Muncie police, who went to Dishman’s home and retrieved Sofie, who returned to North Carolina with Herren. Dishman sued in small claims court and was granted an order of replevin returning Sofie, which the COA affirmed Tuesday.

On appeal, Herren argued that the court failed to extend full faith and credit to the North Carolina protective order and that it erred in denying her motion to dismiss. Judge Patricia Riley wrote that the court did err and demonstrated a manifest abuse of discretion by refusing to admit the protective order as evidence.

Despite those errors, though, the small claims court got the decision right, Riley wrote.

“Herren does not dispute the small claims court’s finding that Dishman never gave ownership of Sofie to Herren,” Riley wrote in a decision joined by Judges James Kirsch and Margret Robb. “We conclude that the small claims court clearly erred by failing to accord full faith and credit to the out-of-state Protective Order, but because Herren neither owned nor possessed Sofie at the time of the Protective Order’s issuance, Herren is not entitled to custody of the dog.”


 

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  1. 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.

  2. 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.

  3. They say it was a court error, however they fail to mention A.R. was on the run from the law and was hiding. Thus why she didn't receive anything from her public defender. Step mom is filing again for adoption of the two boys she has raised. A.R. is a criminal with a serious heroin addiction. She filed this appeal MORE than 30 days after the final decision was made from prison. Report all the facts not just some.

  4. Hysteria? Really Ben? Tell the young lady reported on in the link below that worrying about the sexualizing of our children is mere hysteria. Such thinking is common in the Royal Order of Jesters and other running sex vacays in Thailand or Brazil ... like Indy's Jared Fogle. Those tempted to call such concerns mere histronics need to think on this: http://www.msn.com/en-us/news/us/a-12-year-old-girl-live-streamed-her-suicide-it-took-two-weeks-for-facebook-to-take-the-video-down/ar-AAlT8ka?li=AA4ZnC&ocid=spartanntp

  5. This is happening so much. Even in 2016.2017. I hope the father sue for civil rights violation. I hope he sue as more are doing and even without a lawyer as pro-se, he got a good one here. God bless him.

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