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Opinions Aug. 15, 2014

August 15, 2014
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The following 7th Circuit Court of Appeals opinion was posted after IL deadline Thursday:
United States of America v. Randall Ray Fletcher Jr.
12-3104
U.S. District Court, Northern District of Indiana, Hammond Division. Judge Joseph S. Van Bokkelen.
Criminal. Affirms 30-year sentence in prison plus a lifetime of supervised release following a guilty plea to five counts involving child pornography that occurred over a seven-year period. Because his crimes spanned a range of years during which the guidelines for child pornography offenses underwent significant changes, his sentencing posed complex calculations and raised potential constitutional problems. Any errors the court made in calculating the guidelines sentence for Fletcher were harmless.

Friday’s opinions
Indiana Court of Appeals

Dee Ward v. State of Indiana
49A02-1401-CR-25
Criminal. Affirms convictions of Class C felony battery and Class A misdemeanor domestic battery. The Confrontation Clause does not apply because victim J.M.’s statements to the treating paramedic and forensic nurse were not testimonial and the evidence is sufficient to prove Ward committed the underlying battery by means of a deadly weapon.

Michael Kevin Mallory v. State of Indiana
20A03-1403-MI-76
Miscellaneous. Reverses denial of Mallory’s petition to expunge his Class D felony conviction records. Because the word “shall” is ordinarily construed as mandatory language, I.C. 35-38-9-3(e) unambiguously requires expungement if all statutory requirements are met. Remands with instructions.

Allison I. (Wagaman) DeCloedt v. Shane C. Wagaman
92A03-1401-DR-39
Domestic relation. Affirms dissolution court’s order denying DeCloedt’s motion to relocate and granting Wagaman’s petition to modify custody and parenting time. It is in the best interests of the child to stay in Indiana with his father and future stepsiblings, both sets of grandparents and cousins living nearby.

In the Matter of: S.A. (Minor Child), Child in Need of Services and M.H. (Father) v. The Indiana Department of Child Services
49A02-1402-JC-74
Juvenile. Reverses order continuing the adjudication of S.A. as a child in need of services. The evidence does not support that court intervention is required for father to meet S.A.’s needs.

In the Matter of the Termination of the Parent-Child Relationship of: D.D. (Minor Child) and B.T. (Mother) and D.D. (Father) v. Indiana Department of Child Services (NFP)
49A02-1312-JT-1027
Juvenile. Affirms termination of parental rights.

Thomas Yoder v. State of Indiana (NFP)
20A03-1401-CR-2
Criminal. Reverses part of the sentencing order that restitution for the victim be ordered through a victim-offender reconciliation program instead of determined by the court. Remands for a restitution hearing.

Terry A. Moore v. State of Indiana (NFP)
49A05-1401-PC-11
Post conviction. Affirms denial of petition for post-conviction relief.

J.E. v. State of Indiana (NFP)
49A02-1312-JV-1053
Juvenile. Affirms adjudication of delinquency based on findings J.E. committed what would be two counts of Class B felony child molesting if committed by an adult.

In Re: The Paternity of R.M.: Laura K. Chivers v. Jeffery L. Marquardt (NFP)
02A05-1310-JP-496
Juvenile. Affirms order modifying custody and parenting time.

Dennis Wireman v. State of Indiana (NFP)
75A03-1312-CR-504
Criminal. Affirms sentence for convictions of three counts of Class D felony illegal possession of a controlled substance, Class D felony illegal possession of a syringe and Class D felony operating a vehicle while intoxicated with a prior conviction.

In the Matter of Q.F. v. State of Indiana (NFP)
03A01-1401-JV-45
Juvenile.  Finds entering true findings of both battery resulting in bodily injury and disorderly conduct violates double jeopardy principles. Remands with instructions to vacate Q.F.’s true finding of disorderly conduct. Affirms true finding of battery resulting in bodily injury.

Marshawn A. Moore v. State of Indiana (NFP)
02A04-1312-CR-623
Criminal. Affirms conviction of Class A felony burglary.

Debb Durbin v. State of Indiana (NFP)
49A02-1312-CR-1043
Criminal. Affirms conviction of Class A misdemeanor criminal trespass.

Stephen W. McIntyre v. State of Indiana (NFP)
35A02-1402-CR-82
Criminal. Affirms conviction of Class D felony theft.

Darnell M. Rias, Sr. v. State of Indiana (NFP)
45A05-1312-CR-630
Criminal. Remands with instructions to vacate Rias’ conviction for Class D felony failure to register as a sex or violent offender due to double jeopardy principles. Affirms second conviction and sentence for Class D felony failure to register as a sex or violent offender as a Class D felony.
 

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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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