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Opinions Feb. 7, 2011

February 7, 2011
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Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Ricky E. Graham v. State of Indiana
22A01-1008-PC-392
Post conviction. Affirms post-conviction relief court properly rejected Graham’s claims of an inadequate factual basis or ineffective assistance of appellate counsel, and claims of fundamental error. The PCR court’s findings don’t support its rejection of his claim that his plea was illusory or involuntary. Remands for a new PCR hearing to address that issue and the question of the effectiveness of his trial counsel on the grounds raised in his PCR petition, should he resubmit his subpoena request for his trial counsel to appear at the new hearing.

C.H., M.H. and J.S. v. J.D.
29A05-1004-DR-204
Domestic relation. Reverses grant of J.D.’s visitation petition regarding his biological child A.H., who has been adopted. Indiana Code Section 31-19-16-2 is the exclusive means for asserting visitation rights and J.D. did not follow the procedures listed therein. Remands with instructions to vacate the grant of visitation. Judge Crone concurs in result.

Jerry Ehman v. Mary Ehman
48A02-1006-DR-691
Domestic relation. Reverses $31,322 award to Mary, the full amount set forth in the original divorce decree involving her share of Jerry’s retirement account. After the decree was issued, the account declined dramatically due to a drop in the value of General Motors stock. Mary was in the best position to avoid the loss and her failure to submit the Qualified Domestic Relations Order and seek assistance from the trial court in a timely fashion contributed to the dramatic decline in the value of the personal savings plan. Remands with instructions.

Dustan Slade v. State of Indiana
38A02-1007-CR-875
Criminal. Affirms 20-year executed sentence following guilty plea to Class A felony dealing in cocaine. Judicial estoppel does not apply here, and the trial court did not erroneously conclude that his sentence was non-suspendible below 20 years when the state dismissed its firearm sentence enhancement allegation pursuant to the written plea agreement. The trial court concluded it was required to execute at least 20 years of his 30-year sentence because the judge found Slade possessed a firearm during the commission of the crime based on the pre-sentence investigation report.

Arthur Davis v. State of Indiana (NFP)
49A02-1006-CR-742
Criminal. Affirms two convictions of Class B felony robbery.

Tracy J. Talley v. State of Indiana (NFP)
49A02-1006-CR-641
Criminal. Affirms conviction of Class A misdemeanor trespass.

Matter of the Civil Commitment of J.G. v. Community Hospital North/Gallahue Mental Health Services (NFP)
49A02-1008-MH-835
Mental health. Affirms order involuntarily committing J.G. to the custody of Community North Hospital/Gallahue Mental Health Services for 90 days.

Dale G. Catron v. State of Indiana (NFP)
24A05-1007-CR-535
Criminal. Affirms revocation of probation after Catron stopped paying restitution.

Carl Andre Coleman v. State of Indiana (NFP)
20A05-1008-CR-553
Criminal. Affirms convictions of and sentence for Class B felony burglary and Class D felony criminal confinement.

Term. of Parent-Child Rel. of Z.S. and A.P.; T.S. v. Knox County DCS (NFP)
42A01-1006-JT-312
Juvenile. Affirms termination of parental rights.

Lewis C. Woodward v. State of Indiana (NFP)
10A01-1008-CR-396
Criminal. Dismisses appeal of motion to dismiss charges of Class D felony sexual battery, Class D felony residential entry, and Class B misdemeanor public intoxication.

S.S. v. State of Indiana (NFP)
49A02-1004-JV-493
Juvenile. Affirms order committing S.S. to the Indiana Department of Correction.

Lawrence Lusk v. State of Indiana (NFP)
71A03-1007-CR-433
Criminal. Affirms conviction of Class C felony carrying a handgun without a license with a prior conviction.

Darrick Williams v. State of Indiana (NFP)
49A02-1008-CR-856
Criminal. Affirms aggregate 40-year sentence following convictions of Class A felony burglary and Class A felony robbery.

Paul Rogers v. State of Indiana (NFP)
49A02-1005-CR-585
Criminal. Reverses conviction of Class B felony burglary and remands for a new trial.

D.K. v. Review Board (NFP)
93A02-1006-EX-639
Civil. Affirms denial of request for unemployment benefits.

James Roberson v. State of Indiana (NFP)
22A04-1001-CR-100
Criminal. Affirms denial of motion to withdraw guilty plea and sentence for Class A felony robbery resulting in serious bodily injury.

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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