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Opinions Jan. 21, 2014

January 21, 2014
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7th Circuit Court of Appeals
United States of America v. Lovoyne Drain
12-3684
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Sarah Evans Barker.
Criminal. Affirms above-guidelines sentence for possession of a firearm by a felon. Section 4A1.3(a)(3), like every provision of the sentencing guidelines, is advisory. And the judge did not violate Drain’s right to due process by taking into account his arrest history as part of her evaluation of the sentencing factors under 18 U.S.C. Section 3553(a).

Indiana Supreme Court
American Cold Storage, et al. v. The City of Boonville
87S01-1303-PL-157
Civil plenary. Reverses the decision of the trial court and remands for further proceedings consistent with this opinion. Holds that the land in this case, which comprises the portion of State Road 62 included in the annexed territory, should be considered and counted as a single parcel in determining whether the remonstrating Landowners comprise 65 percent of the owners of the annexed territory.

Indiana Court of Appeals
Michael Weist v. Kristen Dawn and State Farm Insurance Companies
49A02-1306-PL-541
Civil plenary. Affirms summary judgment in favor of State Farm on Weist’s complaint for monetary damages based on the direct action rule. Reverses summary judgment in favor of Dawn and remands for a trier of fact to resolve whether she is equitably estopped from asserting the defense that the statute of limitations bars Weist’s claim.

In the Matter of the Petition for Temporary Protective Order: A.N. v. K.G.
49A04-1212-PO-649
Protective order. Affirms order of contempt in favor of K.G. The trial court did not improperly act as an advocate and therefore did not deny A.N. her due process right to a fair trial before an impartial tribunal. Judge Robb concurs in separate opinion.

Terry Berry v. State of Indiana (NFP)
49A02-1307-CR-583
Criminal. Affirms conviction of Class A misdemeanor criminal trespass.

Christopher Jethroe v. State of Indiana (NFP)
49A05-1304-CR-155
Criminal. Remands with instructions to the trial court to revise the sentence on the Class C felony dealing in marijuana conviction downward to a term of imprisonment within the range authorized by the Class C felony sentencing statute. Affirms conviction of Class A felony dealing in a controlled substance within 1,000 feet of school property.

Tievon N. Nichols v. State of Indiana (NFP)
20A03-1307-CR-293
Criminal. Affirms aggregate 50-year executed sentence following guilty plea to one count of Class A felony burglary, two counts of Class B felony robbery while armed with a deadly weapon and one count of Class B felony criminal confinement.

Brandon M. Ebeyer v. State of Indiana (NFP)
49A02-1304-CR-372
Criminal. Reverses conviction of Class A misdemeanor criminal trespass.

In the Matter of the Termination of the Parent-Child Relationship of: N.I., the minor child, and K.I., the mother, K.I. v. The Indiana Department of Child Services (NFP)
91A04-1305-JT-244
Juvenile. Affirms involuntary termination of parental rights.

Smita Radhakrishnan v. Access Therapies, Inc. (NFP)
49A02-1303-PL-202
Civil plenary. Reverses award of $32,237.60 in damages plus costs for a breach of contract and remands for further proceedings. Affirms dismissal of Radhakrishnan’s counterclaim requesting attorney fees and costs.

Charles E. Howard v. State of Indiana (NFP)
53A01-1304-CR-164
Criminal. Dismisses appeal of denial of motion to correct error following denial of motion for jail time credit.

Edward Zaragoza v. State of Indiana (NFP)
79A02-1209-CR-744
Criminal. Affirms convictions of Class A felonies murder, conspiracy to commit robbery, conspiracy to commit burglary, attempted robbery and burglary; Class D felonies conspiracy to commit theft and theft; and Class B felony possession of a firearm by a serious violent felon as well as determination Zaragoza is a habitual offender.

Darrell Kirkwood v. State of Indiana (NFP)
31A01-1305-CR-209
Criminal. Affirms revocation of probation and imposition of previously suspended sentence.

VPR Properties, LLC and Purna Veer and Radhika Veer v. Affiliated Foot Care Clinic, PC (NFP)
10A04-1304-PL-177
Civil plenary. Affirms judgment in favor of Affiliated Foot Care Clinic after it filed a breach of contract action against VPR properties.

Timothy J. Padgett v. State of Indiana (NFP)
51A01-1305-CR-228
Criminal. Affirms conviction of Class B felony burglary.

Donald Ware v. State of Indiana (NFP)
49A02-1304-PC-370
Post conviction. Affirms denial of petition for post-conviction relief.

The Indiana Tax Court posted no opinions by IL deadline.
 

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  1. Good luck, but as I have documented in three Hail Mary's to the SCOTUS, two applications (2007 & 2013),a civil rights suit and my own kicked-to-the-curb prayer for mandamus. all supported in detailed affidavits with full legal briefing (never considered), the ISC knows that the BLE operates "above the law" (i.e. unconstitutionally) and does not give a damn. In fact, that is how it was designed to control the lawyers. IU Law Prof. Patrick Baude blew the whistle while he was Ind Bar Examiner President back in 1993, even he was shut down. It is a masonic system that blackballs those whom the elite disdain. Here is the basic thrust:https://en.wikipedia.org/wiki/Blackballing When I asked why I was initially denied, the court's foremost jester wrote back that the ten examiners all voted, and I did not gain the needed votes for approval (whatever that is, probably ten) and thus I was not in .. nothing written, no explanation, just go away or appeal ... and if you appeal and disagree with their system .. proof positive you lack character and fitness. It is both arbitrary and capricious by its very design. The Hoosier legal elites are monarchical minded, and rejected me for life for ostensibly failing to sufficiently respect man's law (due to my stated regard for God's law -- which they questioned me on, after remanding me for a psych eval for holding such Higher Law beliefs) while breaking their own rules, breaking federal statutory law, and violating federal and state constitutions and ancient due process standards .. all well documented as they "processed me" over many years.... yes years ... they have few standards that they will not bulldoze to get to the end desired. And the ISC knows this, and they keep it in play. So sad, And the fed courts refuse to do anything, and so the blackballing show goes on ... it is the Indy way. My final experience here: https://www.scribd.com/document/299040062/Brown-ind-Bar-memo-Pet-cert I will open my files to anyone interested in seeing justice dawn over Indy. My cases are an open book, just ask.

  2. Looks like 2017 will be another notable year for these cases. I have a Grandson involved in a CHINS case that should never have been. He and the whole family are being held hostage by CPS and the 'current mood' of the CPS caseworker. If the parents disagree with a decision, they are penalized. I, along with other were posting on Jasper County Online News, but all were quickly warned to remove posts. I totally understand that some children need these services, but in this case, it was mistakes, covered by coorcement of father to sign papers, lies and cover-ups. The most astonishing thing was within 2 weeks of this child being placed with CPS, a private adoption agency was asking questions regarding child's family in the area. I believe a photo that was taken by CPS manager at the very onset during the CHINS co-ocerment and the intent was to make money. I have even been warned not to post or speak to anyone regarding this case. Parents have completed all requirements, met foster parents, get visitation 2 days a week, and still the next court date is all the way out till May 1, which gives them(CPS) plenty of to time make further demands (which I expect) No trust of these 'seasoned' case managers, as I have already learned too much about their dirty little tricks. If they discover that I have posted here, I expect they will not be happy and penalized parents again. Still a Hostage.

  3. They say it was a court error, however they fail to mention A.R. was on the run from the law and was hiding. Thus why she didn't receive anything from her public defender. Step mom is filing again for adoption of the two boys she has raised. A.R. is a criminal with a serious heroin addiction. She filed this appeal MORE than 30 days after the final decision was made from prison. Report all the facts not just some.

  4. Hysteria? Really Ben? Tell the young lady reported on in the link below that worrying about the sexualizing of our children is mere hysteria. Such thinking is common in the Royal Order of Jesters and other running sex vacays in Thailand or Brazil ... like Indy's Jared Fogle. Those tempted to call such concerns mere histronics need to think on this: http://www.msn.com/en-us/news/us/a-12-year-old-girl-live-streamed-her-suicide-it-took-two-weeks-for-facebook-to-take-the-video-down/ar-AAlT8ka?li=AA4ZnC&ocid=spartanntp

  5. This is happening so much. Even in 2016.2017. I hope the father sue for civil rights violation. I hope he sue as more are doing and even without a lawyer as pro-se, he got a good one here. God bless him.

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