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Judges order court to take second look at restitution attorney must pay

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A Monroe County attorney who pleaded guilty to Class D felony counterfeiting and ordered to pay $15,000 in restitution to a victim may not have to pay that full amount after the Indiana Court of Appeals Wednesday ordered the trial court to take another look at the restitution amount.

Bloomington attorney Philip H. Chamberlain was charged with five Class C felonies stemming from his involvement in the development of a golf course in Orleans, Ind., for which he was a consultant. The golf course was owned by Dwight Hart.

Chamberlain convinced acquaintance Shannon Ramey and his girlfriend Helen Fields, who own Dorothy Apartment Rentals, to invest money on behalf of their company into the golf course. Unbeknownst to Ramey, Fields or Hart, Chamberlain was cashing checks made out to the golf course and kept a portion of the money.

At one point, Hart loaned Chamberlain $5,000 for performing work as a consultant, money he never repaid.

At his sentencing and restitution hearing, Chamberlain explained he repaid Hart $25,500 before any criminal charges were filed against him. The trial court ordered him to pay Hart $15,000 in restitution, which included the $5,000 for the unpaid loan.

Chamberlain, pro se, appealed, claiming the loan shouldn’t be included in restitution because his counterfeiting conviction didn’t cover that incident. The Court of Appeals agreed in the not-for-publication opinion, Philip H. Chamberlain v. State of Indiana, 53A01-1305-CR-247.

“But because we do not have the transcript from Chamberlain’s guilty-plea hearing, we cannot consult the factual basis for his counterfeiting conviction to see what written instrument it covered. Without this information, we cannot determine the amount of restitution, if any, Hart is entitled to after taking into account that Chamberlain has already paid Hart $25,500. We must therefore remand this case to the trial court for it to determine the amount of restitution, if any, Hart is entitled to for the counterfeiting conviction only, taking into consideration Chamberlain’s $25,500 payment to Hart,” the appellate court ruled.  

Chamberlain received an interim suspension June 2013 pending final resolution of any resulting disciplinary action.

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  1. My daughter was taken from my home at the end of June/2014. I said I would sign the safety plan but my husband would not. My husband said he would leave the house so my daughter could stay with me but the case worker said no her mind is made up she is taking my daughter. My daughter went to a friends and then the friend filed a restraining order which she was told by dcs if she did not then they would take my daughter away from her. The restraining order was not in effect until we were to go to court. Eventually it was dropped but for 2 months DCS refused to allow me to have any contact and was using the restraining order as the reason but it was not in effect. This was Dcs violating my rights. Please help me I don't have the money for an attorney. Can anyone take this case Pro Bono?

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  4. My dear Smith, I was beginning to fear, from your absense, that some Obrien of the Nanny State had you in Room 101. So glad to see you back and speaking truth to power, old chum.

  5. here is one from Reason magazine. these are not my words, but they are legitimate concerns. http://reason.com/blog/2010/03/03/fearmongering-at-the-splc quote: "The Southern Poverty Law Center, which would paint a box of Wheaties as an extremist threat if it thought that would help it raise funds, has issued a new "intelligence report" announcing that "an astonishing 363 new Patriot groups appeared in 2009, with the totals going from 149 groups (including 42 militias) to 512 (127 of them militias) -- a 244% jump." To illustrate how dangerous these groups are, the Center cites some recent arrests of right-wing figures for planning or carrying out violent attacks. But it doesn't demonstrate that any of the arrestees were a part of the Patriot milieu, and indeed it includes some cases involving racist skinheads, who are another movement entirely. As far as the SPLC is concerned, though, skinheads and Birchers and Glenn Beck fans are all tied together in one big ball of scary. The group delights in finding tenuous ties between the tendencies it tracks, then describing its discoveries in as ominous a tone as possible." --- I wonder if all the republicans that belong to the ISBA would like to know who and why this outfit was called upon to receive such accolades. I remember when they were off calling Trent Lott a bigot too. Preposterous that this man was brought to an overwhelmingly republican state to speak. This is a nakedly partisan institution and it was a seriously bad choice.

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