Indiana Court of Appeals

COA: Man can keep $25,000 deposit

April 6, 2016
Scott Roberts
A man can keep the $25,000 deposit paid to him after a real estate sale did not through, the Indiana Court of Appeals ruled Wednesday. The contract the parties entered into was enforceable and did not specify financing as part of the sale.
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COA: Woman’s motion in divorce case can stand

April 6, 2016
Scott Roberts
The Indiana Court of Appeals ruled a woman seek to modify a divorce agreement after she found her husband hid more than $1 million in undisclosed assets five years later.
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Line in the sand

April 6, 2016
Dave Stafford
Public access and use of the Lake Michigan shore clashes with private property rights in heated case of first impression.
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Chargemaster rates questioned

April 6, 2016
Scott Roberts
A divided Court of Appeals ruling allowing a patient to view hospital prices may be headed to the Indiana Supreme Court.
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COA dismisses improperly filed preliminary injunction motion

April 5, 2016
Scott Roberts
The Indiana Court of Appeals dismissed a motion for preliminary injunction against the state’s Medicaid Fraud Control Unit filed by Pain Medicine and Rehabilitation Center and Anthony Alexander after it found PMRC’s motion in the trial court was not procedurally correct.
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Court reduces man's sentence by 3 years

April 5, 2016
Scott Roberts
The Indiana Court of Appeals reduced a man’s aggregate sentence by three years after it found he was denied effective assistance of counsel when his counsel did not bring up a statutory limitation issue.
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State appellate briefs make online debut

April 1, 2016
IL Staff
Briefs filed in Indiana appeals were made available for online for the first time Friday.
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Interim appellate court clerk replaces Smith

April 1, 2016
Dave Stafford
Long-serving Indiana appellate court clerk Kevin S. Smith resigned recently, and former deputy clerk Greg Pachmayr is now serving as interim clerk.
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Man must pay to clean up meth mess, court affirms

March 31, 2016
Scott Roberts
The Indiana Court of Appeals ruled a man must pay to clean up the remnants of his meth lab after it found Indiana Code justified the payment and there was a victim to whom restitution should be paid.
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COA: Patient not notified doctor was independent contractor

March 31, 2016
Scott Roberts
The Indiana Court of Appeals ruled a man was never notified that the doctor treating him was an independent contractor and not an employee and therefore reversed summary judgment to the hospital and remanded the man’s vicarious liability case to the trial court.
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Majority: injured worker’s immigration status relevant

March 31, 2016
Scott Roberts
The Indiana Court of Appeals ruled in a split decision a man’s immigration status is valid evidence in a case where he was injured while working in the United States as an undocumented immigrant.
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COA: Man has to abide by settlement

March 30, 2016
Scott Roberts
A man must abide with the agreement he settled on even though he had later second thoughts. The Indiana Court of Appeals found he breached a contract after he came to a settlement with an insurance company.
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COA: Contract can be rescinded after land misrepresented

March 29, 2016
Scott Roberts
The Indiana Court of Appeals found a rental company could rescind its purchasing contract for a tract of land after the company that owned the land misrepresented it to the buyer.
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COA: Flood plain ordinance is enforceable, residential ordinance is not

March 28, 2016
Scott Roberts
A builder must seek a special exception to mine in a flood plain zone after the Indiana Court of Appeals found that ordinance enforceable under state statute. However, an ordinance that doesn’t allow mining within two miles of a residential area is not enforceable because it was not enacted in accordance with Indiana’s zoning statutes.
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CHINS case dismissed for lack of subject matter jurisdiction

March 24, 2016
Scott Roberts
A mother’s appeal of a trial court’s order terminating her visitation with her child and denying her motion to modify the permanency plan in a CHINS case was dismissed by the Indiana Court of Appeals for lack of subject matter jurisdiction.
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Woman claiming defamation after charges dropped loses appeal

March 24, 2016
Scott Roberts
A woman who sued for defamation against her employer and a private investigator after she was acquitted of two counts of theft will not gain relief after the Indiana Court of Appeals upheld summary judgment for the employer and investigator in her case.
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COA trims man’s robbery, sex offense sentence from 248 to 218 years

March 24, 2016
Dave Stafford
An Indianapolis man who was one of five accomplices who robbed a house and sexually assaulted victims inside during a two-hour rampage will likely spend the rest of his life behind bars, but the Indiana Court of Appeals ruled Thursday he had been subjected to double jeopardy and trimmed 30 years off his sentence.
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COA: Trial court did not follow Batson regulations when dismissing Hispanic juror

March 24, 2016
Scott Roberts
A trial court did not follow Batson regulations when dismissing a Hispanic juror before the trial of a man convicted of Class D felony intimidation and Class A misdemeanor domestic battery, and as such the Indiana Court of Appeals reversed his convictions, finding the evidence enough for him to stand trial again.
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Woman can be charged with criminal trespass after entering school

March 24, 2016
Scott Roberts
A woman who entered school property after she was threatened with criminal trespass if she did so can be charged with the crime after the Indiana Court of Appeals upheld a trial court ruling that she had no contractual interest in the school property, despite being a parent in the district.
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COA changes sentence for drunk woman who hit a man with her car

March 23, 2016
Scott Roberts
The Indiana Court of Appeals ruled the sentence given to a woman who hit a man with her car and killed him while driving drunk was too harsh and took two years off it. However, the COA upheld all other parts of her conviction.
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COA affirms estate no longer has interest in property

March 23, 2016
Scott Roberts
The Indiana Court of Appeals affirmed a motion to dismiss as well as a motion for summary judgment after a woman sued an estate that no longer has interest in a property because that interest had passed to another person.
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Suit rightly decided for IMPD detective, appeals court rules

March 17, 2016
Dave Stafford
A plaintiff who sought to sue an Indianapolis Metropolitan Police detective for alleged abuses related to a drug search failed to persuade the Indiana Court of Appeals that the officer could be held personally liable.
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Man gets to keep part of farming property

March 17, 2016
Scott Roberts
A man will get to keep part of his farming property after the Indiana Court of Appeals found appointing a commissioner for the property was an impermissible modification of his and his ex-wife’s divorce agreement.
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Shot officer’s suit against gun dealer splits COA

March 17, 2016
Dave Stafford
An Indianapolis Metropolitan Police Department Officer who was shot and wounded by a suspect he killed returning fire may proceed with his lawsuit against a gun dealer that sold the gun to a straw purchaser, the Indiana Court of Appeals ruled Thursday. The officer’s case is supported by law enforcement and public policy organizations.
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COA: 82-year-old can return home

March 17, 2016
Scott Roberts
The Indiana Court of Appeals reversed a decision by the Delaware Circuit Court that said an elderly woman needed 24-hour care supervision at a nursing facility and allowed her to return home after it found Adult Protective Services did not present sufficient evidence she was involved in a life-threatening emergency.
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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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