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Opinions August 13, 2013

August 13, 2013
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Opinions Aug. 13, 2013

Indiana Court of Appeals
Rollett Family Farms, LLC. v. Area Plan Commission of Evansville-Vanderburgh County, Vanderburgh County Board of Commissioners, and Vanderburgh County Recorder

82A01-1301-PL-43
Civil plenary. Affirms trial court judgment denying claims that “lots of record” for boundaries of river camps could be established based on the testimony of longtime residents. The lack of official documentation defeats the plain meaning of the words “of record,” requiring some sort of official documentation in the public record, the panel ruled.

Gregory A. Harris v. State of Indiana
39A05-1205-CR-239
Criminal. Affirms trial court rulings denying Harris’s motion to dismiss a charge of sexual misconduct with a minor after a hung jury created a mistrial, as well as a state motion to amend the charge by adding the language “or criminal deviate conduct.” Double jeopardy does not bar retrial on the sexual misconduct charge, but the state is barred from amending the charge because of the statute of limitations.

Richard Littke v. Laurie Littke
64A03-1211-DR-509
Domestic relation. Reserves order dismissing father’s petition for postsecondary educational expenses as untimely and remands to the trial court to make a determination on the merits of father’s petition. Rules that an amendment to Indiana Code 31-16-6-6, which allows a parent to file a petition for education needs until the child becomes 21-years-old, makes the father’s petition timely.   

Gabriel Atkinson v. State of Indiana
12A02-1302-CR-149
Criminal. Affirms trial court’s denial of motion to suppress the evidence obtained during a traffic stop. Concludes although Atkinson did not commit an actual traffic infraction, the deputy’s training and experience along with his protracted observation of Atkinson’s driving gave the law enforcement officer a reasonable suspicion that the driver was impaired and presented a potential risk. This was sufficient to conduct an investigatory stop of Atkinson.  

Cory A. Myers v. State of Indiana (NFP)
35A05-1302-CR-90
Criminal. Affirms conviction for domestic battery, as a Class D felony.  

Jeremiah Kelley v. State of Indiana (NFP)
34A02-1303-CR-281
Criminal. Affirms 21-year sentence imposed following Kelley’s guilty plea to class B felony unlawful possession of a firearm by a serious violent felon.  

John Latta v. State of Indiana (NFP)
12A04-1212-CR-618
Criminal. Affirms conviction of one count burglary as a class B felony and five counts of theft as a class D felony. Finds the prosecutor’s questions about the victim’s husband becoming a judge were inappropriate but does not rise to the level of fundamental error.  

In Re The Adoption of S.H., L.H., and J.H., Benjamin Hankins v. G.Nick Peterson, Andrea Peterson (NFP)
18A02-1212-AD-1020
Adoption. Affirms trial court’s determination that Hankins’s consent is not required in the adoption proceedings of his three children, S.H., L.H. and J.H. Rules the determination that Hankins’s consent is unnecessary if supported by clear and convincing evidence, and the adoption by the children’s maternal grandparents is in their best interest.
 
John Dumitru v. State of Indiana (NFP)
75A05-1210-PC-501f
Post conviction relief petition. Affirms post-conviction court’s denial of relief following Dumitru’s conviction for murder, a felony, attempted murder, a Class A felony, two counts of neglect of a dependent, as Class D felonies, and resisting law enforcement, as a Class A misdemeanor.

Lebronze Myles v. State of Indiana (NFP)
49A02-1301-CR-25
Criminal. Affirms Myles’ convictions as an accomplice to both Class B felony burglary and Class C felony robbery.  

In the Matter of the Termination of the Parent-Child Relationship of L.P., D.P., & C.H., (Minor Children), and J.P. (Mother) v. The Indiana Department of Child Services (NFP)
87A05-1212-JT-622
Juvenile termination of parental rghts. Affirms termination of J.P.’s (mother) parental rights.

Terry Chandler v. State of Indiana (NFP)
49A02-1302-CR-166
Criminal. Affirms conviction for Class A misdemeanor possession of cocaine.  

Michael S. Parker v. State of Indiana (NFP)
91A02-1210-CR-830
Criminal. Affirms conviction and 15-year sentence, with 11 years executed, for Class B felony manufacturing methamphetamine.  

Eric D. Smith v. Superintendent, Et Al. (NFP)
46A04-1303-MI-164
Miscellaneous. Dismisses Smith’s appeals of the dismissal of eight complaints he filed in the LaPorte Superior Court. Finds his notices of appeal were untimely filed.  

Jesus Cruz v. State of Indiana (NFP)
38A02-1212-CR-969pdf
Criminal. Affirms conviction and 46-year sentence for two counts of Class A felony child molesting and three counts of Class C felony child molesting.
 
James E. Sizemore v. State of Indiana
(NFP)
31A05-1212-CR-626
Criminal. Affirms conviction for Class A felony dealing in methamphetamine, Class C felony possession of methamphetamine and Class D felony possession of a controlled substance.  

Thomas E. Stevens v. State of Indiana (NFP)
45A05-1301-CR-6
Criminal. Affirms five-year sentence for Class C felony battery resulting in serious bodily injury.  

Karen J. Marshall v. Casa M. Marshall, Center Bank, Treasurer of Porter County, State of Indiana (NFP)
64A03-1212-MF-517
Mortgage foreclosure. Affirms summary judgment in favor of the defendants. Finds the mortgage and loan documents do not constitute a valid and enforceable contract.

Sheldon C. McAuley v. State of Indiana (NFP)
02A03-1302-PC-50
Post conviction relief petition. Affirms denial of petition for post-conviction relief following conviction for Class C felony burglary, Class D felony residential entry and Class A misdemeanor interference with the reporting of a crime.  

LTC Investments Inc., v. EGR Indiana Properties, LLC. (NFP)
18A02-1301-PL-15
Civil plenary. Affirms trial court’s grant of EGR’s summary judgment motion.  

James E. Chalfant v. Lana Lods (NFP)
79A02-1212-CT-986
Civil tort. Reverses and remands trial court’s grant of summary judgment in favor of Lana Lods. Concludes Chalfant did provide evidence in this case to rebut the prima facie evidence of probable cause and to identify a dispute of material fact.

Javier Maldonado v. State of Indiana (NFP)
45A04-1212-CR-654
Criminal. Affirms conviction for child molesting, a Class A felony, and 50-year sentence.  

Kelvin Lee Heyen v. State of Indiana (NFP)
84A01-1207-PC-345
Post conviction relief petition. Affirms denial of post-conviction relief petition following conviction and 21-year sentence for dealing in methamphetamine, a Class B felony, and a habitual offender charge.  

In The Matter of the Termination of the Parent-Child Relationship of: M.A. (minor child): Mi.A. and C.A. v. The Indiana Department of Child Services (NFP)
73A01-1209-JT-411
Juvenile termination of parental rights. Affirms juvenile court’s decision to terminate the parental rights of C.A. (mother) and Mi.A. (father) to their minor child, M.A.
 
No opinions were submitted by IL deadline by the Indiana Supreme Court, Indiana Tax Court and the 7th Circuit Court of Appeals.

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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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