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Opinions Feb. 15, 2013

February 15, 2013
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Indiana Court of Appeals
South Shore Baseball, LLC d/b/a Gary South Shore Railcats, and Northwest Sports Venture, LLC v. Juanita DeJesus
45A03-1205-CT-222
Civil tort. Reverses denial of summary judgment for South Shore Baseball on DeJesus’ lawsuit filed after she was hit by a foul ball at a game. As a matter of law, the appellants can’t be held liable for her injuries. Remands with instructions for the court to issue summary judgment in favor of South Shore Baseball.

Amanda Vaughn v. State of Indiana

49A02-1207-CR-544
Criminal. Reverses order Vaughn perform 40 hours of community service in lieu of paying court costs and a fine after pleading guilty to Class A misdemeanor criminal trespass. The trial court lacked statutory authority to impose a community service requirement in lieu of costs and fees. Remands for the court to address the imposition of costs and fees in this case. Judge Baker dissents.  

Amy Jean Kristoff v. Centier Bank
45A03-1204-TR-186
Trust. Affirms grant of summary judgment for the bank, the trustee of the Amy Jean Kristoff Exempt Trust, in Kristoff’s action to modify the terms of the trust established by her late mother. Rejects the premise of Kristoff’s argument that the purpose of the trust was to provide for Sally Kristoff’s non-existent grandchildren.

VFW Post 2953, et al. v. City of Evansville and Evansville Common Council (NFP)
82A01-1206-PL-255
Civil plenary. Affirms denial of the fraternal organizations’ petition for injunctive relief and a declaratory judgment that a city ordinance prohibiting smoking violates the Indiana Constitution.

Shawn J. Lee v. State of Indiana (NFP)

32A01-1207-CR-329
Criminal. Vacates conviction of Class D felony theft and remands for further proceedings.

Misty DeMoss v. Toby Dolan (NFP)

55A04-1209-SC-458
Small claim. Affirms finding that DeMoss acted in direct contempt of court.

Tasha Parsons v. State of Indiana (NFP)
16A01-1208-CR-356
Criminal. Affirms murder sentence.

Larry J. Briski v. Peoples Bank (NFP)

45A03-1208-PL-343
Civil plenary. Affirms summary judgment in favor of the bank on the bank’s action to enforce a guaranty for $50,000 against Briski.

Courtney A. Wuethrich v. State of Indiana (NFP)

66A03-1206-CR-276
Criminal. Affirms convictions of Class C misdemeanors illegal consumption of alcohol and operating a vehicle with a blood alcohol concentration equivalent to at least 0.08 but less than 0.15.

Dennis White v. State of Indiana (NFP)

48A02-1207-CR-588
Criminal. Affirms order of maximum and consecutive sentences following a guilty plea to one count each of Class C felony criminal confinement, Class D felony criminal confinement and Class D felony torturing or mutilating a vertebrate animal.

In Re: The Paternity of K.D.; M.G. v. S.D. (NFP)

32A01-1209-JP-432
Juvenile. Affirms modification of custody in favor of father, but reverses order mother must pay $750 toward father’s attorney fees.

Clarence E. Smith v. State of Indiana (NFP)
47A04-1206-CR-315
Criminal. Affirms conviction of Class A misdemeanor resisting law enforcement.

Pie Kitchen, LLC d/b/a Homemade Ice Cream and Pie Kitchen v. Merchant, LLC (NFP)
10A01-1207-CC-322
Civil collection. Affirms summary judgment in favor of the merchant, awarding it more than $48,000 in damages and interest in a lease dispute.

Brian Williams v. State of Indiana (NFP)
49A05-1206-CR-301
Criminal. Affirms conviction of Class B felony aggravated battery.

Jesse L. Rose v. State of Indiana (NFP)
09A05-1205-CR-251
Criminal. Affirms four convictions of Class A felony child molesting and 200-year sentence.

Paul Stieler Enterprises, Inc. d/b/a Harbor Bay, et al. v. City of Evansville and Evansville Common Council (NFP)

82A01-1205-CT-242
Civil tort. Affirms denial of the tavern owners request for injunctive relief and a declaratory judgment that an Evansville ordinance prohibiting smoking in certain locations violates the Indiana Constitution.

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