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Judge upholds New Castle mayor's election

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A special judge in Henry County has dismissed a challenge to the New Castle mayor’s election, finding that mayor-elect Greg York is able to become the city’s top executive because he didn’t violate the state’s residency requirement by keeping two homes and splitting where he spent his time.

In a decision Monday, Special Judge Linda Ralu Wolf in Henry Circuit Court upheld York’s election on Nov. 8 and found he can take office at the start of the year. The ruling came about a week after Wolf, a Delaware County judge, heard arguments as to whether York met residency requirements to be mayor because he owned a home just outside the city limits and split his time between that residence and a longtime home on 11th Street inside New Castle.

York obtained 75 percent of the general election vote, securing 2,655 votes compared to the 628 received by John Mark Nipp and 226 received by Debra Baker. Nipp chose to contest the results, arguing that York isn't a city resident and doesn't meet requirements to be mayor.

 But the special judge found that Nipp and his attorney, Jeffrey Bell, fell “far short” of meeting the burden of proof to demonstrate York isn’t an eligible city resident. She rejected the idea that voters had “thrown away” their votes by casting a ballot for York on Election Day.

"A more plausible inference from York's overwhelming electoral success is that the voters, having heard the evidence of York's residency in New Castle and the arguments over it, decided that the evidence of York's intent and conduct and his long and deep connections to the community showed that he was a lawful resident of New Castle and eligible to serve as their mayor," Wolf wrote.

Nothing in state law prohibits a person from owning more than one home and having to abandon another residence when they seek public office, she wrote. Evidence shows that York continued paying property taxes, voted using that address, and kept personal belongings at that 11th St. home.

This is one of many election-related challenges that have surfaced statewide in the past year focusing on Indiana’s residency requirement. That has been an issue in the court challenges involving Indiana Secretary of State Charlie White, who faces criminal charges relating to his voter registration at an address where he allegedly didn’t reside. Hamilton Superior Judge Steven Nation on Monday declined to dismiss the criminal case against White, and it continues along with the civil suit challenging White’s ability to hold office as a result of his voter registration information.

 

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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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  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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