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Opinions April 29, 2011

April 29, 2011
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Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Steven A. Coppolillo v. Anthony Cort
45A05-1007-PL-433
Civil plenary. Reverses summary judgment in favor of Cort on Coppolillo’s suit for unjust enrichment.  The parties’ contract does not preclude Coppolillo’s claim in equity against Cort. There is a material dispute of fact as to whether Cort was unjustly enriched. Remands for further proceedings.

Kevin A. Griffin and Maureen O. Griffin, et al. v. George E. Simpson, Team Indiana Volleyball, Inc., et al.
18A02-1009-CT-1064
Civil tort. Affirms grant of coach Becky Murray and Team Indiana Volleyball’s motion for summary judgment that as a matter of law they owed no duty to a minor player when she was injured on private property during the time that the team was on break between tournament sessions.

Joni Gabriel, personal representative of the estate of Eugene A. Gabriel Jr. v. Loretta Gabriel, personal representative of the estate of Eugene A. Gabriel Sr.
34A04-1007-ES-438
Estate, supervised. Affirms trial court properly determined that Loretta’s action was not barred and the evidence supported the findings that Eugene Sr. had not transferred stock to Eugene Jr. Reverses determination regarding the ownership of the stock and the percentage of the estate that is to be distributed to Loretta and the remaining heirs. Remands with instructions to hear further evidence if necessary and to make additional findings as to the distribution of the estate.

Edwin Blinn, Jr. v. The Law Firm of Johnson, Beaman, Bratch, Beal and White, LLP
27A05-1011-CT-721
Civil tort. Affirms dismissal of Blinn’s complaint against the law firm, alleging the firm was vicariously liable for Beal’s malpractice.  The trial court properly dismissed Blinn’s complaint because it was time-barred and was not saved by the Journey’s Account Statute.

Thomas J. Tarrance v. State of Indiana
60A01-1010-CR-570
Criminal. Dismisses Tarrance’s appeal of his sentence following a guilty plea to Class B felony robbery while armed with a deadly weapon. Tarrance didn’t timely file his notice of appeal, so it’s dismissed for lack of subject matter jurisdiction.

Aaron R. Nichols v. State of Indiana
29A04-1008-CR-589
Criminal. Affirms denial of motion to correct error challenging the denial of Nichols’ motion to order the Indiana Department of Correction to amend the Sex Offender Registry to reflect that he was required to register as a sex offender for a 10-year period instead of for life. Rejects Nichols’ interpretation of “unrelated” to require a “conviction-and-re-offense” sequence. The reporting period is determined by law, not by the trial court or the DOC.

Rodney Nicholson v. State of Indiana
55A01-1005-CR-251
Criminal. Reverses conviction of Class C felony stalking. The evidence is insufficient to support the stalking conviction. Judge Bradford dissents.

City of Mitchell, Indiana, et al. v. Steven Blair (NFP)
47A04-1011-PL-754
Civil plenary. Affirms trial court order reversing the Indiana Board of Works and Public Safety’s decision to terminate Blair’s employment with the Mitchell Police Department, and reinstating him with back pay.

John Pagorek v. Adrienne Garippo and Jimmy Warren (NFP)
45A03-1005-SC-243
Small claim. Affirms denial of Pagorek’s motion to correct error.

Brent Sims v. State of Indiana (NFP)
82A01-1007-CR-328
Criminal. Affirms convictions of felony murder and Class D felony neglect of a dependent.

Timothy Rene Warren v. State of Indiana (NFP)
02A03-1009-CR-461
Criminal. Affirms sentence following guilty plea to theft.

Construction Labor Contractors, Inc. v. Masiongale Electrical-Mechanical, Inc. (NFP)
18A02-1008-CC-881
Civil collections. Reverses denial of Construction Labor Contractors Inc.’s denial of its motion to correct error seeking additur following a judgment in its favor against Masiongale Electrical-Mechanical. Remands with instructions.

Amy Whitaker v. State of Indiana (NFP)
48A04-1010-PC-698
Post conviction. Affirms denial of petition for post-conviction relief.

Paternity of E.W.; L.W. v. C.M. (NFP)
65A01-1010-JP-588
Juvenile. Affirms order denying father’s petition to modify the physical custody of his daughter and the issuance of a modified parenting-time order.

R.W. v. Review Board (NFP)
93A02-1007-EX-802
Civil. Affirms finding that R.W. was discharged by his employer for just cause.

Simon Shulkin v. State of Indiana (NFP)
30A01-1012-CR-607
Criminal. Vacates conviction of Class C misdemeanor failure to stop after damage to a vehicle. Remands for a new trial.

Robert Arnold v. State of Indiana (NFP)
49A05-1010-CR-651
Criminal. Affirms conviction of Class C felony child molesting.

Timothy A. Strait v. State of Indiana (NFP)
71A03-1009-CR-536
Criminal. Affirms convictions of and sentence for Class C felony child molesting, Class D felony domestic battery, and Class D felony criminal confinement, which was entered as a Class A misdemeanor.

Avonte Yarbrough v. State of Indiana (NFP)
49A02-1010-CR-1088
Criminal. Affirms conviction of Class B felony battery.

Indiana Tax Court had posted no opinions at IL deadline.

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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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