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Opinions Jan. 25, 2013

January 25, 2013
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Indiana Supreme Court
The following opinion was released after IL deadline Thursday.

Carlin Iltzsch v. State of Indiana
49S02-1301-CR-57
Criminal. Reverses Court of Appeals order vacating a judgment of restitution against a criminal defendant, holding that such orders may be reviewed by the court and remanded for rehearing when evidence is insufficient to support the order.

Indiana Court of Appeals
David Delagrange v. State of Indiana
49A04-1203-CR-144
Criminal. Reversed conviction of four counts of Class C felony attempted child exploitation and remanded for further proceedings. Ruled Delagrange’s act of secretly photographing minor girls’ underwear did not meet the Indiana statute’s definition of “child exploitation” because the girls did not intentionally expose themselves for the purpose of satisfying or arousing sexual desires of another.

Robertson Fowler v. State of Indiana
49A05-1202-PC-68
Criminal. Affirms on rehearing earlier denial of post-conviction relief for Robertson Fowler  sentenced to a maximum of 35 years in prison for his conviction of possession of a firearm by a serious violent felon with an enhancement as a habitual offender. Because Fowler received the benefit of charges against him being dropped when he pleaded guilty, his conviction was not in conflict with the Indiana Supreme Court’s subsequent ruling in Mills v. State, 868 N.E.2d 446, 450 (Ind. 2007) or a differing Court of Appeals ruling, Dugan v. State, 976 N.E.2d 1248, 1249.

Term. of the Parent-Child Rel. of: D.T., (Minor Child), and T.S. (Father) v. The Indiana Dept. of Child Services
49A02-1205-JT-420

Juvenile. Affirms termination of a juvenile father’s parental rights, holding that his due process rights were not violated when the trial court did not appoint a guardian ad litem for him.

David McCombs v. State of Indiana (NFP)
49A05-1111-PC-658
Post conviction. Affirms denial of post-conviction relief involving 62-year sentence on charges of murder, theft and carrying handgun without a license.

Term. of the Parent-Child Rel. of D.C., Minor Child; A.R., Mother, and S.C., Father v. Indiana Dept. of Child Services, Lake County CASA (NFP)
45A03-1204-JT-172
Juvenile. Affirms termination of parental rights.

Dale D. Engle v. State of Indiana (NFP)
58A04-1205-CR-244
Criminal. Affirms 12-year sentence for conviction of Class B felony dealing in a controlled substance.

Charles Kingery v. State of Indiana (NFP)
49A02-1204-CR-317
Affirms 55-year murder sentence following resentencing on a reduced felony robbery charge.

Ricky J. Thurston v. State of Indiana (NFP)
49A02-1204-CR-289
Criminal. Affirms conviction of Class A felony rape and adjudication as a habitual offender.

D.J. v. State of Indiana (NFP)
49A02-1206-JV-490
Criminal. Affirms adjudication as a delinquent for what would be Class D felony theft and Class A misdemeanor dangerous possession of a firearm if committed by an adult.

Paul Hoffert, Jr. v. State of Indiana (NFP)
84A05-1205-CR-273
Criminal. Affirms revocation of placement in work release.

Kip Hurt v. State of Indiana (NFP)
49A04-1206-CR-286
Criminal. Affirms conviction of Class A misdemeanor battery.

Indiana Supreme Court and Indiana Tax Court issued no opinions by IL deadline Friday. U.S. 7th Circuit Court of Appeals issued no Indiana opinions by IL deadline Friday.
 

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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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