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Opinions April 16, 2013

April 16, 2013
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The following 7th Circuit Court of Appeals decisions were handed down after IL deadline Monday:

United States of America v. Ronald Zitt and Joshua Wampler
12-1277, 12-2865
U.S. District Court, Northern District of Indiana, Hammond Division, Judge Rudy Lozano.
Criminal. In a consolidated appeal, affirms denial of Zitt’s motion for a mistrial. The District Court properly exercised its discretion in denying the motion. Dismisses Wampler’s appeal. Wampler pleaded guilty to two drug charges. Wampler waived his right to appeal as a condition of his agreement. Grants his counsel’s motion to withdraw and denies Wampler’s motion for substitute counsel.

Torray Stitts v. Bill Wilson, superintendent, Indiana State Prison
12-2255
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Larry J. McKinney.
Civil. Reverses denial of petition for writ of habeas corpus. Remands to the District Court to resolve the actual extent of trial counsel’s alibi investigation. If the District Court finds that the trial counsel performed no further investigation, then it should grant Stitts’ habeas petition. If the court finds that trial counsel did more, then it must determine de novo whether that investigation was reasonable under Strickland.

Tuesday’s opinions
7th Circuit Court of Appeals

Renee S. Majors v. General Electric Co.
12-2893
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Larry J. McKinney.
Civil. Affirms grant of summary judgment on Majors’ claims that GE violated the Americans with Disabilities Act when it denied her positions and that GE retaliated against her for filing EEOC charges of discrimination.

Robert Leimkuehler, as trustee of and on behalf of the Leimkuehler Inc. Profit Sharing Plan, and on behalf of all others similarly situated v. American United Life Insurance Co.
12-1081, 12-1213, & 12-2536
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Jane Magnus-Stinson.
Civil. Affirms ruling that American United Life Insurance Co. was not a fiduciary of the Leimkuehler Inc. Profit Sharing Plan with respect to AUL’s revenue-sharing practices. Although very little about the mutual fund industry or the management of 401(k) plans can plausibly be described as transparent, agrees that AUL is not acting as a fiduciary for purposes of 29 U.S.C. § 1002(21)(A) when it makes decisions about, or engages in, revenue sharing. Finds it unnecessary to express any view on the question whether revenue sharing yields net benefits to individual 401(k) investors.

Indiana Court of Appeals
David Arnett v. Julia Arnett (NFP)
http://media.ibj.com/Lawyer/websites/opinions/index.php?pdf=2013/april/04161301par.pdf  
32A01-1208-DR-383
Domestic relation. Affirms dissolution of marriage.

Enrique Perez v. State of Indiana (NFP)
49A04-1208-CR-419
Criminal. Affirms conviction of Class B felony robbery.

Herman P. Johnson v. State of Indiana (NFP)
49A02-1207-PC-606
Post conviction. Affirms denial of petition for post-conviction relief.

David Delong v. Kim Delong (NFP)
43A03-1206-DR-299
Domestic relation. Affirms custody order, reverses order on support and regarding a parenting coordinator and remands for further proceedings.

Harold M. Bacchus, Jr. v. Fazia Deen-Bacchus (NFP)
02A03-1203-DR-119
Domestic relation. Affirms in part and reverses in part order finding the net worth of the marital property to be $1,405,763, and giving wife 55 percent and husband 45 percent. Remands with instructions.  

The Indiana Supreme Court and Tax Court posted no decisions by IL deadline.
 

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  1. OK, take notice. Those wondering just how corrupt the Indiana system is can see the picture in this post. Attorney Donald James did not criticize any judges, he merely, it would seem, caused some clients to file against him and then ignored his own defense. James thus disrespected the system via ignoring all and was also ordered to reimburse the commission $525.88 for the costs of prosecuting the first case against him. Yes, nearly $526 for all the costs, the state having proved it all. Ouch, right? Now consider whistleblower and constitutionalist and citizen journalist Paul Ogden who criticized a judge, defended himself in such a professional fashion as to have half the case against him thrown out by the ISC and was then handed a career ending $10,000 bill as "half the costs" of the state crucifying him. http://www.theindianalawyer.com/ogden-quitting-law-citing-high-disciplinary-fine/PARAMS/article/35323 THE TAKEAWAY MESSAGE for any who have ears to hear ... resist Star Chamber and pay with your career ... welcome to the Indiana system of (cough) justice.

  2. GMA Ranger, I, too, was warned against posting on how the Ind govt was attempting to destroy me professionally, and visit great costs and even destitution upon my family through their processing. No doubt the discussion in Indy today is likely how to ban me from this site (I expect I soon will be), just as they have banned me from emailing them at the BLE and Office of Bar Admission and ADA coordinator -- or, if that fails, whether they can file a complaint against my Kansas or SCOTUS law license for telling just how they operate and offering all of my files over the past decade to any of good will. The elitist insiders running the Hoosier social control mechanisms realize that knowledge and a unified response will be the end of their unjust reign. They fear exposure and accountability. I was banned for life from the Indiana bar for questioning government processing, that is, for being a whistleblower. Hoosier whistleblowers suffer much. I have no doubt, Gma Ranger, of what you report. They fear us, but realize as long as they keep us in fear of them, they can control us. Kinda like the kids' show Ants. Tyrannical governments the world over are being shaken by empowered citizens. Hoosiers dealing with The Capitol are often dealing with tyranny. Time to rise up: https://www.theguardian.com/technology/2017/jan/17/governments-struggling-to-retain-trust-of-citizens-global-survey-finds Back to the Founders! MAGA!

  3. Science is showing us the root of addiction is the lack of connection (with people). Criminalizing people who are lonely is a gross misinterpretation of what data is revealing and the approach we must take to combat mental health. Harsher crimes from drug dealers? where there is a demand there is a market, so make it legal and encourage these citizens to be functioning members of a society with competitive market opportunities. Legalize are "drugs" and quit wasting tax payer dollars on frivolous incarceration. The system is destroying lives and doing it in the name of privatized profits. To demonize loneliness and destroy lives in the land of opportunity is not freedom.

  4. Good luck, but as I have documented in three Hail Mary's to the SCOTUS, two applications (2007 & 2013),a civil rights suit and my own kicked-to-the-curb prayer for mandamus. all supported in detailed affidavits with full legal briefing (never considered), the ISC knows that the BLE operates "above the law" (i.e. unconstitutionally) and does not give a damn. In fact, that is how it was designed to control the lawyers. IU Law Prof. Patrick Baude blew the whistle while he was Ind Bar Examiner President back in 1993, even he was shut down. It is a masonic system that blackballs those whom the elite disdain. Here is the basic thrust:https://en.wikipedia.org/wiki/Blackballing When I asked why I was initially denied, the court's foremost jester wrote back that the ten examiners all voted, and I did not gain the needed votes for approval (whatever that is, probably ten) and thus I was not in .. nothing written, no explanation, just go away or appeal ... and if you appeal and disagree with their system .. proof positive you lack character and fitness. It is both arbitrary and capricious by its very design. The Hoosier legal elites are monarchical minded, and rejected me for life for ostensibly failing to sufficiently respect man's law (due to my stated regard for God's law -- which they questioned me on, after remanding me for a psych eval for holding such Higher Law beliefs) while breaking their own rules, breaking federal statutory law, and violating federal and state constitutions and ancient due process standards .. all well documented as they "processed me" over many years.... yes years ... they have few standards that they will not bulldoze to get to the end desired. And the ISC knows this, and they keep it in play. So sad, And the fed courts refuse to do anything, and so the blackballing show goes on ... it is the Indy way. My final experience here: https://www.scribd.com/document/299040062/Brown-ind-Bar-memo-Pet-cert I will open my files to anyone interested in seeing justice dawn over Indy. My cases are an open book, just ask.

  5. Looks like 2017 will be another notable year for these cases. I have a Grandson involved in a CHINS case that should never have been. He and the whole family are being held hostage by CPS and the 'current mood' of the CPS caseworker. If the parents disagree with a decision, they are penalized. I, along with other were posting on Jasper County Online News, but all were quickly warned to remove posts. I totally understand that some children need these services, but in this case, it was mistakes, covered by coorcement of father to sign papers, lies and cover-ups. The most astonishing thing was within 2 weeks of this child being placed with CPS, a private adoption agency was asking questions regarding child's family in the area. I believe a photo that was taken by CPS manager at the very onset during the CHINS co-ocerment and the intent was to make money. I have even been warned not to post or speak to anyone regarding this case. Parents have completed all requirements, met foster parents, get visitation 2 days a week, and still the next court date is all the way out till May 1, which gives them(CPS) plenty of to time make further demands (which I expect) No trust of these 'seasoned' case managers, as I have already learned too much about their dirty little tricks. If they discover that I have posted here, I expect they will not be happy and penalized parents again. Still a Hostage.

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