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Opinions Dec. 22, 2011

December 22, 2011
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7th Circuit Court of Appeals
M.B., by his parents and next friends, Damian Berns and Amy Berns v. Hamilton Southeastern Schools and Hamilton-Boone-Madison Special Services
10-3096
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Tanya Walton Pratt.
Civil. Affirms summary judgment in favor of the schools on the Berns’ suit that the schools violated the Individuals with Disabilities Education Act and the provisions relating to special education in the Indiana Administrative Code by failing to provide M.B. with a free appropriate public education. There was nothing unreasonable about the determination by the hearing officer, the Board of Special Education Appeals, and the District Court in finding that M.B. was making progress under his individualized education program. The Berns are also not entitled to reimbursement for the costs to place M.B. in a learning center or for attorney fees.

Indiana Court of Appeals
Carl A. Staples v. State of Indiana
48A05-1106-CR-298
Criminal. Affirms trial court’s determination that Staples committed a crime of domestic violence and is now precluded from possessing a firearm in the future. It was reasonable to infer from the facts of the case that Staples and Tamica Burnett were, or had been, in a dating relationship.

James Lowery v. State of Indiana (NFP)
15A05-1106-CR-296
Criminal. Affirms sentence following guilty plea to manufacture of more than 10 pounds of marijuana as a Class C felony.

Gary J. Harrison v. Linda Turner and Deborah Hric (NFP)
46A05-1101-PL-46
Civil plenary. Affirms summary judgment in favor of nurses Turner and Hric.

Jeremy Dewayne Matheny v. State of Indiana (NFP)
87A05-1105-CR-260
Criminal. Affirms conviction of Class C misdemeanor operating a vehicle while intoxicated.

In the Matter of the Term. of the Parent-Child Rel. of T.D.T., T.T.T., and M.T., and A.D.T. v. The Indiana Dept. of Child Services (NFP)
71A05-1103-JT-213
Juvenile. Affirms involuntary termination of father’s parental rights.

Senior Market Development, LLC and Ahren Baumgart v. Titan Financial Group, LLC (NFP)
82A01-1103-PL-138
Civil plenary. Affirms judgment awarding Titan Financial Group attorney fees and expenses on the company’s complaint for breach of contract. Remands for an assessment of appellate attorney fees against Senior Market Development and Ahren Baumgart.

Katie Herrera v. State of Indiana (NFP)
20A03-1106-CR-286
Criminal. Affirms revocation of probation.

Matthew P. Philbee v. State of Indiana (NFP)
02A05-1107-CR-340
Criminal. Affirms convictions of Class A felony child molesting, Class C felony child molesting, and Class D felony vicarious sexual gratification.

Stephen N. Kohlmeyer v. State of Indiana (NFP)
29A02-1105-CR-399
Criminal. Affirms conviction of Class C misdemeanor operating a vehicle with ACE of 0.08 or more.

Dewayne A. Dunn v. State of Indiana (NFP)
20A05-1103-CR-160
Criminal. Affirms conviction of murder.

Mary Lou Duff v. Shawn D. Duff and Rebecca Duff (NFP)
40A05-1012-PL-755
Civil plenary. Affirms ruling that Mary Lou Duff’s complaint to recover possession of personal property is barred under the principles of res judicata.

George Parker v. State of Indiana (NFP)
49A04-1104-CR-181
Criminal. Affirms sentence following guilty plea to Class A felony dealing in cocaine.

R.S. v. State of Indiana (NFP)
49A05-1106-JV-309
Juvenile. Affirms order committing R.S. to the Indiana Department of Correction.

Roy N. Viverette, Jr. v. State of Indiana (NFP)
45A03-1105-CR-223
Criminal. Affirms sentence following guilty plea to three counts of Class B felony burglary.

Nathaniel Bobo v. State of Indiana (NFP)
45A03-1105-CR-224
Criminal. Affirms sentence following guilty plea to Class B felony aggravated battery.

Curtis W. Birner v. State of Indiana (NFP)
52A02-1104-CR-462
Criminal. Affirms sentence following guilty plea to Class C felonies carrying a handgun without a license and intimidation.

Valgene Royal v. State of Indiana (NFP)
64A04-1105-CR-283
Criminal. Dismisses appeal of the trial court’s denial of Royal’s motion for sentence modification.

Term. of Parent-Child Rel. of T.C. and K.N.; A.N. (Mother) and J.C. (Father) v. Indiana Dept. of Child Services (NFP)
72A01-1104-JT-249
Juvenile. Affirms termination of parental rights.

Nicole Nelson v. Review Board of Workforce Development and Madison Center, Inc. (NFP)
93A02-1105-EX-431
Agency appeal. Affirms dismissal of Nelson’s appeal to the Review Board of the Indiana Department of Workforce Development on the grounds she didn’t timely file it.

Shawn Thomas v. State of Indiana (NFP)
39A04-1105-CR-259
Criminal. Affirms denial of motion for withdrawal of guilty plea.

The Indiana Supreme Court and 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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