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Man loses appeal over predator designation

September 22, 2015
Dave Stafford
A trial court properly denied a man’s motion for a declaratory judgment seeking to overturn a Department of Correction designation that he is a sexually violent predator and offender against children.
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COA reverses priority status for junior creditor in foreclosure

September 22, 2015
Dave Stafford
A bank that extended a $25,000 home equity line of credit to owners of a Newburgh property that subsequently was foreclosed was not entitled to a court ruling that gave its claim priority status.
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COA tosses 40-year sentence and $400,000-plus restitution

September 22, 2015
Marilyn Odendahl
A financial broker who bilked clients out of $8.9 million in an investment scam had his state sentence and order to pay restitution overturned by the Indiana Court of Appeals.
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Justices decline to extend ‘bystander rule’

September 21, 2015
Dave Stafford
The father of a moped driver killed in a collision with a car may not recover on a claim of negligent infliction of emotional distress, the Indiana Supreme Court ruled Monday, declining to extend the bystander rule in such cases.
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Successor owner must pay more to unemployment insurance

September 21, 2015
Marilyn Odendahl
A buyer of an auto parts retail business that used the same name, same signs, same location, same phone number, same inventory, same fixtures, and hired some of the same employees lost his appeal to the finding that he is liable for a higher employer rate as a successor business.
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Lanane seeks new rights for people in U.S. illegally

September 21, 2015
 Associated Press
The leader of Indiana's state Senate Democrats is calling for new laws extending driving privileges and in-state college tuition rates to people living in the country illegally.
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Justices take appeal involving eavesdropping cops

September 21, 2015
Dave Stafford
Whether Michigan City police officers should be forbidden from testifying in a murder case because they eavesdropped on the suspect’s conversation with attorneys will be decided by the Indiana Supreme Court.
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Tax Court reverses assessment after ‘trial by ambush’

September 21, 2015
Dave Stafford
The Indiana Board of Tax Review abused its discretion and conducted a “trial by ambush” when it heard the appeal of a property owner who challenged the assessment of a property in Long Beach.
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Conviction affirmed despite Spanish jury waiver form omissions

September 21, 2015
Dave Stafford
A Spanish-speaking litigant failed to persuade an appeals court Monday that omissions on a jury trial waiver form merit reversal of his rape conviction.
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Ex-husband may argue contempt in seeking arrearage

September 21, 2015
Dave Stafford
An ex-husband who a trial court determined is owed $76,173 from his wife’s teacher retirement benefits was wrongly denied an opportunity to argue the arrearage can be pursued through contempt, the Indiana Court of Appeals ruled Monday.
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Carmel tables sexual-orientation ordinance

September 18, 2015
 Associated Press
A proposal to ban discrimination based on sexual orientation and gender identity has been tabled by city officials in the Indianapolis suburb of Carmel.
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Ex-auditor convicted of taking money from government, in-law

September 18, 2015
 Associated Press
A former auditor for a northwestern Indiana county has been convicted of embezzling more than $150,000 in government funds and defrauding her father-in-law of at least $400,000.
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Split decision: Bicyclist killed by driver can’t sue insurer

September 18, 2015
Dave Stafford
A bicyclist killed by an unlicensed motorist who took her boyfriend’s truck without his permission may not seek damages against the company that insured the truck’s owner, the Indiana Court of Appeals ruled Friday.
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Women attorneys who opened doors honored by peers

September 18, 2015
Marilyn Odendahl
With jokes and stories of fond memories, Barnes & Thornburg and the Indiana Bar Foundation honored the legacy of Shirley Shideler, the law firm’s first female attorney and female partner, and recognized three women who are creating impressive legacies in the law of their own.
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Justices vacate murder convictions for 3 of ‘Elkhart 4’

September 18, 2015
Dave Stafford
Three members of the “Elkhart 4” convicted of murder in a controversial, highly publicized case in northern Indiana had their murder convictions vacated Friday by the Indiana Supreme Court.
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Marshal’s wage suit against town fails on appeal

September 17, 2015
Dave Stafford
A former marshal in a small southern Indiana town is not entitled to unpaid wages, overtime and other damages because the town employed fewer than five law enforcement officers, the Indiana Court of Appeals held Thursday in a matter of first impression.
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Zoeller deals blow to plan to postpone test impact

September 17, 2015
 Associated Press
Indiana’s attorney general dealt a major blow to a proposal by state schools Superintendent Glenda Ritz that would spare schools from being penalized for low scores on this year’s ISTEP exams.
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General Motors settles criminal case over ignition switches

September 17, 2015
 Associated Press
General Motors admitted it failed to disclose to the public a deadly problem with small-car ignition switches as part of a $900 million deal reached with federal authorities to avoid criminal charges, authorities announced Thursday.
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Rape victim’s work as prostitute does not excuse assault, COA rules

September 17, 2015
Marilyn Odendahl
A felon’s attempt to get his rape conviction overturned because his victim was a prostitute drew a sharp rebuke from the Indiana Court of Appeals.
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Altice robing ceremony set for Monday

September 17, 2015
IL Staff
Former Marion Superior Judge Robert Altice’s public robing ceremony will be at 2 p.m. Monday in the Indiana Supreme Court courtroom, with Chief Justice Loretta Rush administering the oath to the state’s newest Court of Appeals judge.
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Final defendant in state fair stage collapse suit dismissed

September 16, 2015
 Associated Press
A security company named in a class-action lawsuit filed by victims of the deadly 2011 Indiana State Fair stage collapse has become the final defendant dismissed from that case.
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Attorney fees award was reasonable, COA rules

September 16, 2015
Marilyn Odendahl
After a former employee was awarded nearly $100,000 in attorney fees, R.L. Turner Corp. asserted the amount was unreasonable given the employee’s total award for damages was less than $12,000.
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Federal court hosts naturalization ceremony

September 16, 2015
IL Staff
About 100 new Americans will become citizens Thursday during a naturalization ceremony sponsored by the U.S. District Court for the Southern District of Indiana.
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California man charged with murder in Indiana cold case

September 16, 2015
 Associated Press
Central Indiana authorities say a murder warrant in a 2002 cold case has been issued against a man currently jailed in California.
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Double jeopardy voids two cocaine convictions

September 16, 2015
Dave Stafford
A trial court violated the prohibition against double jeopardy by convicting a man in a bench trial of three felony cocaine possession counts, the Indiana Court of Appeals ruled in tossing out two of the convictions.
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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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