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Commission on improving status of children established under new law

May 1, 2013
IL Staff
Gov. Mike Pence signed Senate Enrolled Act 125 Tuesday which creates a commission that will study issues and take actions relating to children in Indiana.
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Officer pleads not guilty to new drunken-driving charges

May 1, 2013
IL Staff
David Bisard, the suspended Indianapolis Metropolitan Police Department officer who was charged Monday with misdemeanor drunken-driving charges while on bail awaiting trial for his role in a fatal accident, pleaded not guilty in Marion County to the new charges.
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2013 Law Day focuses on equality

May 1, 2013
Jennifer Nelson
Law Day, celebrated May 1, is a day to mark the nation’s commitment to the rule of law. President Barack Obama has issued his Law Day proclamation on this year’s theme, “Realizing the Dream: Equality of All.”
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State must seek EPA approval before reclassifying ethanol plants

April 30, 2013
Jennifer Nelson
Even though the Environmental Protection Agency changed a rule to exclude ethanol plants from the category of chemical process plants which would affect emissions permitting, Indiana had to seek approval from the federal agency before it could reclassify the ethanol production facilities.
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Tax court rules that evidence, not conclusory statements, needed to make prima facie case

April 30, 2013
Marilyn Odendahl
A doubled property value will stand because the property owner did not offer any market-based evidence when challenging the new assessed value, the Indiana Tax Court has ruled.
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Evidence does not support CHINS finding

April 30, 2013
Jennifer Nelson
The Indiana Court of Appeals reversed a trial court’s determination that an infant is a child in need of services after finding the parents have improved their living situation that led to their three other children being removed. 
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Judges affirm dismissal of city’s counterclaim without prejudice

April 30, 2013
Jennifer Nelson
The Indiana Court of Appeals held Tuesday that a dismissal based on the failure to provide an appraisal with an offer to purchase property for road work improvements was not an adjudication on the merits, allowing a city’s counterclaim for appropriation of the property to be dismissed without prejudice.
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Right to Farm Act bars CAFO nuisance claim, appeals court rules

April 30, 2013
Dave Stafford
A Gibson County farmer may not bring a nuisance claim against a neighboring dairy that dramatically expanded its operations to what he called a “factory-like ‘mega-farm,’” the Indiana Court of Appeals ruled.
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Suspended attorney stripped of quiet title to foreclosed home he repaired

April 30, 2013
Dave Stafford
A suspended Gary attorney who was awarded a quiet title to an abandoned, foreclosed property after he entered a house without authorization and began to maintain it was stripped of the title Tuesday by the Indiana Court of Appeals.
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COA: No error in denying reckless homicide instruction

April 30, 2013
Jennifer Nelson
The evidence presented at trial did not support a defendant’s request to instruct the jury on reckless homicide as a lesser offense of murder, the Indiana Court of Appeals ruled.
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Lawyers’ divorce battle divides COA on joint custody ruling

April 30, 2013
Dave Stafford
A lengthy divorce proceeding involving two Fort Wayne attorneys that raised numerous issues on appeal was mostly affirmed Tuesday, but a dissenting judge cautioned that joint custody was not in the interest of the of the feuding parents’ daughter.
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Law firm not entitled to summary judgment on complaint seeking payment

April 30, 2013
Jennifer Nelson
Finding that there are genuine issues of material fact as to whether an employee was acting on his own behalf or on behalf of his company when he sought a law firm’s services, the Indiana Court of Appeals ordered more proceedings on the firm’s complaint for payment.
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Summary judgments on federal preemption are reversible error

April 30, 2013
Marilyn Odendahl
The Indiana Court of Appeals has found an exterminator and the insecticide maker should not have been granted summary judgments on the issue of federal preemption.
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Vincennes did not breach contract with men’s basketball coach

April 30, 2013
Jennifer Nelson
The Indiana Court of Appeals concluded Tuesday that summary judgment should have been granted in favor of Vincennes University on a former basketball coach’s lawsuit alleging breach of contract after the university did not renew his contract for the following year.
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Pence signs probate, problem-solving court legislation

April 30, 2013
IL Staff
Gov. Mike Pence signed 25 bills into law Monday, including legislation restricting criminal background checks and changes to probate and trust administration.
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Hendricks Superior Court accepting applications for 2 magistrates

April 30, 2013
IL Staff
The Hendricks Superior Courts are looking to fill two magistrate positions created by the General Assembly during the recently completed 2013 legislative session.
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Indianapolis officer faces more drunken-driving charges

April 30, 2013
IL Staff
The suspended Indianapolis Metropolitan Police Department officer accused of killing one motorcyclist and injuring two others in an August 2010 crash has been arrested and charged with two misdemeanor drunken-driving offenses.
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Indiana teams take 5th, 10th place in national civics competition

April 30, 2013
IL Staff
Two Indiana teams ranked among the top 10 after participating in the championship round of the We The People national competition.
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Marion County Odyssey transition may cause delays

April 30, 2013
Dave Stafford
Civil filings in Marion Circuit and Superior courts could experience delays after Friday when the JUSTIS case management system will go offline pending a transition to the Odyssey CMS. Odyssey is slated to go live in the civil courts May 13.
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Session wraps up, bills await governor’s signature

April 29, 2013
Jennifer Nelson
The Indiana General Assembly completed its 2013 legislative session late Friday, passing a two-year budget that retroactively eliminates the state inheritance tax and increases funding for the Department of Child Services.
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SCOTUS declines church property dispute case

April 29, 2013
Jennifer Nelson
The Supreme Court of the United States will not take a case involving a dispute between churches over property.
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Bankruptcy filings drop in Indiana, U.S.

April 29, 2013
IL Staff
Bankruptcy filings are down 14.4 percent for the 12-month period ending March 31 as compared to the same 12-month period ending March 31, 2012, according to statistics from the Administrative Office of the United States Courts.
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2 Indiana teams competing Monday in the We The People finals

April 29, 2013
IL Staff
For the first time in Indiana history, both of the state’s We The People teams are in the top 10 of the We The People national finals.
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7th Circuit denies petitions seeking review of mine safety regulations

April 26, 2013
Jennifer Nelson
The 7th Circuit Court of Appeals Friday found that the Federal Mine Safety and Health Administration acted within its statutory and constitutional authority in demanding review of employee medical records to ensure mines were not under-reporting injuries or illnesses.
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Criminal code overhaul goes to Pence

April 26, 2013
IL Staff
The Indiana Senate Friday passed the legislation that is the first comprehensive reform of the state’s criminal code in more than 35 years. It now goes to Gov. Mike Pence for his signature.
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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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