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Opinions Aug. 20, 2013

August 20, 2013
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Indiana Court of Appeals
Carl J. Brandenburg v. State of Indiana
40A04-1301-CR-23
Criminal. Affirms revocation of probation for failure to pay child support after conviction of a Class C felony charge of non-support of a dependent child, but remands to the trial court for a recalculation of the arrearage. The court found that Brandenburg’s daughter had turned 21 before he was charged, and the state acknowledged uncertainty about the ruling that the arrearage was $17,795.05, rather than an amount closer to $10,000, as Brandenburg claims.

Gregory Johnson v. State of Indiana
49A02-1301-CR-28
Criminal. Affirms conviction of misdemeanor possession of marijuana resulting from a police officer’s stop of a vehicle that he believed may have been in violation of the Indiana Window Tint Statute, I.C. 9-19-19-4. The panel held that the stop did not violate the U.S. or Indiana constitutions and that the trial court did not err in refusing to suppress evidence resulting from the stop.

Deborah D. Minnich v. William B. Minnich (NFP)
57A03-1303-DR-92
Divorce. Affirms the denial of Deborah Minnich’s request for an extension of time to complete the refinancing transaction. In her dissent, Judge Nancy Vaidik argues the trial court should have treated the wife’s motion as a Trial Rule 60(B) motion that would have enabled her to conduct discovery and present evidence. Consequently, the COA should have reversed the denial of the wife’s motion and remanded for an evidentiary hearing.

City of Bloomington v. Cheryl Underwood (NFP)
53A01-1212-OV-577
Ordinance Violation. Affirms grant of summary judgment to Underwood on the city’s ordinance violation complaint concerning her rental properties.  

In the Matter of the Termination of the Parent Child Relationship of: D.W., Minor Child, D.C., Father v. The Indiana Department of Child Services (NFP)
02A05-1208-JT-425
Juvenile. Affirms termination of D.C.’s (father) parental rights to his son, D.W.  

Hoosier Enterprises VII, LLC v. Diamond Vending, Inc. (NFP)
45A04-1303-SC-105
Small Claims. Affirms $6,000 judgment against Hoosier Enterprises VII for breach of contract.

Debra Barrett v. Katie Patton (NFP)
54A01-1302-CT-74
Civil Tort. Dismisses Barrett’s appeal of the trial court’s order to deny her “Trial Rule (60)(B) Motion to Set Aside Judgment of Dismissal and Motion to Substitute Party Pursuant to Trial Rule 25(D)(2). Rules the COA lacks jurisdiction because Barrett is deceased and no substitution has been made.   

Joyce Ann Hawkins v. State of Indiana (NFP)
27A02-1301-PC-47
http://media.ibj.com/Lawyer/websites/opinions/index.php?pdf=2013/august/08201302mgr.pdf
Post Conviction. Affirms denial of post-conviction relief petition, finding Hawkins has not met the requirements for newly discovered evidence that would entitle her to a new trial.

Janyer Pinto v. State of Indiana (NFP)
36A05-1301-CR-9
Criminal. Affirms conviction of operating a vehicle as a habitual traffic violator.  

NFN Valance v. Brandy L. Valance (NFP)
17A03-1209-PO-380
Protection Order. Affirms issuance of a protective order against NFN Valance.  

Akeem Turner v. State of Indiana (NFP)
49A02-1302-CR-131
Criminal. Affirms trial court’s revocation of Turner’s probation and order for him to serve the entirety of his previously suspended sentence.  

The Indiana Supreme Court and Tax Court released no opinions by IL deadline. The 7th Circuit Court of Appeals released no Indiana decisions by 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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