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Justices accept 5 cases

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The Indiana Supreme Court has granted transfer to five cases, including a first impression issue dealing with Social Security income and restitution.

In Rebecca D. Kays v. State of Indiana, No. 42S05-1107-CR-441, the Indiana Court of Appeals reversed the restitution order entered against Rebecca Kays following her conviction of misdemeanor battery. The trial court ordered she pay $1,500 to the victim but didn’t adequately consider her ability to pay. Kays lived on $647 in monthly Social Security benefits.

The appellate court found that 42 U.S.C.A. Section 470(a) precludes the trial court from considering SSI in determining the ability to pay restitution. Judge Melissa May wrote this approach follows the purpose of Social Security benefits, which is to assure that the recipient’s income is maintained at a level viewed by Congress as the minimum necessary for the subsistence of that person. The case was remanded to the trial court to determine how much Kays is able to pay.

In Sheila Perdue, et al. v. Anne W. Murphy, et al., No. 49S02-1107-PL-437, the COA found the Family and Social Services Administration’s adverse notices pertaining to public benefits programs that do not name specific missing eligibility documents don’t comport with the requirement of procedural due process.

The American Civil Liberties Union of Indiana sued the FSSA on behalf of people who have applied for or receive public benefits. The lawsuit seeks to enjoin the state agency from issuing adverse action notices regarding Medicaid, Temporary Assistance to Needy Families and the Supplemental Nutrition Assistance Program.

If an applicant is denied benefits, he will receive a generic notice alleging failure to cooperate, but the notice does not specify what verification document was missing. A Marion Superior court found the FSSA procedures as a whole satisfied procedural due process, but issued a declaratory judgment and injunction against FSSA because the agency had violated federal law governing SNAP by utilizing a “failure to cooperate” standard as opposed to a “refusal to cooperate” standard. The COA reversed on the due process issue and affirmed the declaratory judgment and injunction regarding SNAP.

In Rodney Nicholson v. State of Indiana, No. 55S01-1107-CR-444, the Court of Appeals was divided in reversing Rodney Nicholson’s stalking conviction. The decision looked at the term “repeated” in Indiana’s anti-stalking laws and the majority held that the state didn’t prove Nicholson’s conduct under the stalking statute was “repeated or continuing” harassment. The majority noted that the Legislature hadn’t put definitive time limitations in the statute.

Judge Cale Bradford dissented, believing the gap of time between the repeated conduct aimed at the same victim is a “non-factor” under the wording of the statute.

In Harold J. Klinker v. First Merchants Bank, N.A., No. 01S04-1107-PL-438, the Court of Appeals affirmed summary judgment for First Merchants Bank in its complaint for fraud and damages against Harold Klinker, who had borrowed money to buy cars for his used car dealership. Although the trial court should have considered Klinker’s affidavit in opposition to the motion for summary judgment, as the appellate court found the affidavit was properly designated in his memorandum, the trial court was correct in granting summary judgment for the bank.

The justices also took Hugh David Reed v. Edward Reid, Reid Machinery Inc., et al., No. 40S01-1107-PL-436, a civil case out of Jennings County that has not been heard by the Court of Appeals.

The high court denied transfer to 25 cases. The justices didn’t accept or deny any cases for the week ending July 15.
 

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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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