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Opinions Dec. 15, 2010

December 15, 2010
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Indiana Supreme Court
Joshua G. Nicoson v. State of Indiana
32S04-1003-CR-150
Criminal. Affirms five-year sentence enhancement for the use of a firearm following Nicoson's convictions of criminal confinement with a deadly weapon as a Class B felony. Holds that adding these years is consistent both with the statutes in question and with the prohibition against double jeopardy.

Hamilton County Property Tax Assessment Board of Appeals & Hamilton County Assessor v. Oaken Bucket Partners, LLC
49S10-1003-TA-140
Tax. Reverses Tax Court’s decision which reversed the state board’s final determination affirming the denial of Oaken Bucket’s exemption application. Charging below-market rent for part of a building rented to a church is insufficient, standing alone, to justify a religious and charitable purpose property tax exemption. Instead, an owner of leased property must provide evidence that it possesses an exempt purpose separate and distinct from the exempt purpose of its lessee.

Indiana Court of Appeals
Henry C. Woodward v. Kimberlee A. Norton
71A03-1004-DR-225
Domestic relation. Affirms trial court finding that Special Judge Michael Gotsch had properly assumed jurisdiction over portions of the parties’ post-dissolution proceeding and finding Woodward in contempt of court for failing to comply with his child support and child support-related obligations. Woodward waived any objection regarding Special Judge Gotsch’s presence in the action.

Jose Reynosa v. Pedcor Construction Corp, et al.
49A02-1004-CT-434
Civil tort. Affirms order granting motion to dismiss with prejudice Reynosa’s complaint alleging negligence after he was injured in a construction accident in Tennessee. The trial court didn’t err in concluding that Reynosa is barred by Tennessee law from pursuing tort claims against Pedcor and other appellees.

James Norwood v. State of Indiana
49A04-1004-CR-212
Criminal. Reverses conviction of invasion of privacy as a Class A misdemeanor. Because the October 9, 2008, protective order expired on October 9, 2009, before the date of the alleged violation on December 26, 2009, the evidence is insufficient to sustain Norwood’s conviction.

Sharon Gill, on her own behalf and on behalf of the estate of Gale Gill, deceased v. Evansville Sheet Metal Works, Inc.
49A05-0912-CV-699
Civil. Affirms grant of Evansville Sheet Metal Works’ motion for summary judgment with respect to Sharon Gill’s complaint that Gale had been exposed to asbestos and died from an asbestos-related disease. Sharon brought her complaint outside the 10-year period stipulated in the Construction Statute of Repose so her claim is barred.

Joe Brewer v. State of Indiana
49A04-1004-CR-257
Criminal. Affirms conviction of sale of alcoholic beverages without a permit as a Class B misdemeanor. There is sufficient evidence to sustain his conviction.

Rick Hill v. State of Indiana (NFP)
01A02-1002-CR-181
Criminal. Affirms convictions of 12 counts of Class A misdemeanor cruelty to an animal and one count of Class D felony improper disposal of an animal that has died.

Robert Murphy v. State of Indiana (NFP)
53A04-1003-CR-149
Criminal. Affirms convictions of Class A felony criminal deviate conduct, Class C felony robbery, and Class D felony criminal confinement.

Jose Carlos Arce v. State of Indiana (NFP)
88A01-1003-CR-155
Criminal. Affirms sentence following guilty plea to Class B felony robbery.

J.S.M. v. B.C.M. (NFP)
73A01-1003-DR-199
Domestic relation. Affirms denial of J.S.M.’s motion to modify custody.

James Alfred Peek, Sr. v. State of Indiana (NFP)
48A02-1005-CR-576
Criminal. Affirms revocation of probation and order Peek serve the balance of his previously suspended sentence in the Department of Correction.

Tilonda Annae Thomas v. State of Indiana (NFP)
02A03-1002-CR-97
Criminal. Affirms conviction of Class D felony residential entry.

Terry A. Hodge v. State of Indiana (NFP)
45A03-1003-PC-146
Post conviction. Affirms denial of successive petition for post-conviction relief.

Colip-Riggin Corporation v. Rea Riggin & Sons, Inc., et al. (NFP)
18A04-1001-PL-13
Civil plenary. Affirms order granting Rea Riggin & Sons Inc.’s motion to dismiss a complaint alleging breach of contract.

Hummer Transportation, et al. v. Kimberly Spoa-Harty, et al. (NFP)
64A04-1002-CT-72
Civil tort. Affirms jury verdict and judgment on the issue of damages in favor of Spoa-Harty and Harty in a personal injury action.

Justin Croucher v. State of Indiana (NFP)
89A01-1006-CR-293
Criminal. Affirms revocation of probation and execution of nearly all of Croucher’s previously suspended sentence.

Term. of Parent-Child Rel. of M.D., et al.; T.D. v. I.D.C.S. (NFP)
71A03-1006-JT-347
Juvenile. Affirms involuntary termination of parental rights.

M.H. v. Review Board (NFP)
93A02-1005-EX-496
Civil. Affirms decision that M.H. is not eligible for unemployment benefits.

Keith M. Ramsey, M.D. v. Shella Moore, et al. (NFP)
45A05-1005-CT-308
Civil tort. Affirms denial of Methodist Hospital’s motion to dismiss. Reverses denial of Dr. Ramsey’s motion to dismiss. Remands for further proceedings.

Jennifer L. Oder v. State of Indiana (NFP)
30A01-1004-CR-188
Criminal. Affirms sentence following guilty plea to Class B felony dealing in a controlled substance, Class D felony possession of a controlled substance, and Class A misdemeanor possession of marijuana.

Michael D. Robbins v. State of Indiana (NFP)
76A03-1006-CR-328
Criminal. Affirms denial of motion to set aside plea agreement.

Charles E. Justise, Sr. v. State of Indiana (NFP)
77A01-1006-SC-352
Small claims. Affirms dismissal of complaint pursuant to I.C. Section 34-58-1-2.

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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