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High court grants 5 transfers

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The Indiana Supreme Court granted five transfers late on July 2, including cases on possession of cocaine in a family housing complex and "no fault" attendance policies in workplaces.

In Shewanda B. Beattie v. State of Indiana, No. 82A01-0805-CR-247, Shewanda Beattie's conviction of possession of cocaine in a family housing complex was reversed by the Indiana Court of Appeals because the jury acquitted her of the lesser-included offense of possession of cocaine. The unanimous panel didn't reverse her conviction due to insufficient evidence, but because the inconsistency in the jury's verdict left them unable to determine what evidence the jury believed. The judges relied on Owsley v. State, 769 N.E.2d 181 (Ind. Ct. App. 2002), to reverse Beattie's conviction and remand for a new trial on the charge of possession of cocaine in a family housing complex.

In Gary Dennis Jackson v. State of Indiana, No. 39A01-0711-CR-528, the Court of Appeals reversed Gary Jackson's conviction of battery resulting in serious bodily injury, ruling the trial court abused its discretion by granting a mistrial after discovering five jurors read a newspaper article about jury selection for Jackson's second trial. The trial court didn't explain why it granted the mistrial instead of admonishing the jury. The discharge of the jury at his second trial operated as an acquittal and the subsequent trial was a violation of his right to be free from double jeopardy. Judge Cale Bradford dissented, believing the trial court was within its discretion to grant the mistrial and permit a retrial without violating Jackson's double jeopardy protections.

In Gloria Murray, et al. v. City of Lawrenceburg, No. 15A04-0803-CV-122, the majority affirmed the trial court denial of the city's motion for judgment on the pleadings because the appellate court couldn't say Gloria Murray and others were required to bring a claim for inverse condemnation because the ownership of the disputed property hasn't been determined. The majority also reversed the denial of Murray's demand for a jury trial. The case was remanded to resolve the timeliness of her claims, sever the timely filed distinct legal claims, and grant the demand for a jury trial as to those claims. Chief Judge John Baker dissented, believing the result reached by the majority will effectively preclude most, if not all, inverse condemnation actions in the future.

The high court also granted transfer to two cases involving the issue of "no-fault" attendance policies, where the Court of Appeals had split in their decisions regarding the reasonableness of such policies: Lisa Beckingham v. Review Board of the Indiana Dept. of Workforce Development and Cenveo Corp., No. 93A02-0808-EX-771, and John Giovanoni II v. Review Board of the Indiana Dept. of Workforce Development and Clarian Health Partners, Inc., No. 93A02-0806-EX-545. Both Lisa Beckingham and John Giovanoni were fired as a result of multiple excused absences.

In Beckingham's appeal, the Court of Appeals held the reasoning set forth in Jeffboat Inc. v. Review Board of Indiana Employment Security Division, 464 N.E.2d 377 (Ind. Ct. App. 1984), and Beene v. Review Board of the Indiana Dept. of Employment and Training Services, 528 N.E.2d 842 (Ind. Ct. App. 1988), is the better rationale for determining the reasonableness of an employer's attendance policy. The majority in Beckingham's appeal affirmed she was discharged for just cause under Indiana Code Section 22-4-15-1(d)(2). Judge Edward Najam dissented, writing he would have followed the reasoning of the majority in Giovanoni, which ruled that termination for unsatisfactory attendance must be analyzed solely under section (d)(3). In Giovanoni, the majority ruled Love v. Heritage House Convalescent Center, 463 N.E.2d 478, 482, (Ind. Ct. App. 1983) provided a sounder model for determining eligibility for unemployment benefits when the employee is fired for attendance issues.

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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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