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Opinions Jan. 12, 2011

January 12, 2011
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7th Circuit Court of Appeals
Amorita N. Thomas, on behalf of herself and all others similarly situated v. H&R Block Eastern Enterprises Inc.
10-1482
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge David Hamilton.
Affirms summary judgment in favor of H&R Block in Thomas’ suit under Indiana’s Wage Payment Statute for paying its end-of-season compensation more than 10 days after it was earned. Concludes that the end-of-season compensation is not a wage under the statute because it was depending on other factors than her efforts and it would be highly difficult for the company to calculate it within 10 days. Declines to send a certified question on the issue to the Indiana Supreme Court.

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Beck's Superior Hybrids, Inc. v. Monsanto Company, et al.
29A05-1008-MI-489
Miscellaneous. Reverses order that Beck’s comply with the arbitration panel’s subpoena. Section 7 of the Federal Arbitration Act preempts Indiana Trial Rule 28(E) and Monsanto’s lack of federal subject matter jurisdiction to enforce its subpoena doesn’t justify ignoring the plain text of Section 7. Remands with instructions that the court dismiss Monsanto’s petition to assist. Judge Baker dissents.

Brian Reese v. State of Indiana
64A03-1001-CR-18
Criminal. Affirms convictions of Class A felony attempted murder, Class A misdemeanor resisting law enforcement, and carrying a handgun without a license, elevated to a Class C felony due to a prior offense. The trial court did not abuse its discretion by admitting evidence of uncharged bad acts, there is sufficient evidence to support his conviction of attempted murder, and he was properly sentenced. The use of “attack” in jury instruction Final Instruction 26 is at most a harmless error in light of the testimony that Reese deliberately fired multiple shots at the police officer.

Alesa Pack v. Indiana Family and Social Services Administration

89A05-1004-PL-240
Civil plenary. Grants rehearing for the sole purpose of clarifying the correct application of Administrative Orders and Procedures Act to Medicaid determinations regarding recipients and applications. Clarifies that while the AOPA applies to judicial review of Medicaid determinations, separate rules apply to the review of such decisions by an administrative law judge as they pertain to recipients of and applications for Medicaid benefits. Affirms original decision in all respects. Judge Riley voted to deny petition for rehearing without opinion.

Glenn L. Carpenter v. State of Indiana (NFP)
49A02-1005-CR-521
Criminal. Affirms conviction of unlawful possession of a firearm by a serious violent felon as a Class B felony, adjudication as a habitual offender, and sentence imposed.

Lucas T. Scholl v. State of Indiana (NFP)
07A01-1004-CR-166
Criminal. Affirms conviction of operating a vehicle while intoxicated, endangering a person as a Class A misdemeanor.

Camiell Chest v. State of Indiana (NFP)
49A02-1005-CR-544
Criminal. Affirms conviction of Class D felony domestic battery.

Wesley D. Willis v. State of Indiana (NFP)
71A04-1005-CR-304
Criminal. Affirms convictions of Class A felony voluntary manslaughter, Class A felony attempted murder, and two counts of Class C felony criminal recklessness.

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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