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Opinions July 3, 2013

July 3, 2013
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The following Indiana Supreme Court opinion was posted after IL deadline Tuesday:

Michael Chambers v. State of Indiana
53S01-1307-CR-459
Criminal. Reverses Court of Appeals ruling reducing an aggregate sentence for two convictions of Class B felony sexual misconduct with a minor and reinstates a trial court’s maximum consecutive sentence of 40 years in prison. Justices held the sentence imposed by the trial court was not inappropriate given the nature of the crime and the character of the defendant and did not warrant appellate revision.

Wednesday’s opinions
7th Circuit Court of Appeals
United States of America v. Ronald Ritz
11-3320
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge William T. Lawrence.
Civil. Dismisses Ritz’s appeal of the grant of summary judgment in favor of the government that Ritz’s campground is subject to the Safe Drinking Water Act and its regulations. Ritz has waived all of the new arguments he now raises for the first time on appeal by failing to present them to the District Court.

Indiana Court of Appeals
Richard Hawkins v. State of Indiana
79A02-1211-CR-958
Criminal. Affirms sentence following guilty plea to Class A felonies dealing in cocaine and possession of cocaine. Hawkins waived the right to appeal the appropriateness of his sentence.

In Re the Marriage of: Harry L. Tillman v. R. Virginia Tillman
87A05-1212-DR-619
Domestic relation. Affirms dismissal of Harry Tillman’s petition, by guardian Deborah Wagner, for dissolution of marriage. The trial court acted within its discretion when it granted R. Virginia Tillman’s motion to dismiss as neither the current Indiana statutes governing dissolution of marriage nor governing the guardianship of incapacitated persons provide a means for the guardian of an incapacitated person to file a petition for dissolution of marriage on behalf of the incapacitated person.

Pier 1 Imports (U.S.), Inc., v. Acadia Merrillville Realty, L.P. and Boyd Construction Company, Inc.
45A03-1207-CT-318
Civil tort. Reverses summary judgment for Acadia and Boyd Construction on whether the companies breached their respective duties of care after a Pier 1 customer brought a negligence claim against the three companies following a slip-and-fall. Whether Acadia discharged its duty of care merely by contracting with Boyd is a question for the jury to decide, and, because there is evidence that additional salting was necessary after Boyd salted the sidewalk, a jury could reasonably infer that Boyd failed to exercise reasonable care in performing its snow and ice removal services. Judge Brown dissents.

Booker T. Prince, Jr. v. Marion County Auditor and Marion County Treasurer
49A02-1210-MI-835
Miscellaneous. Affirms denial of Prince’s motion for relief from judgment. The trial court did not abuse its discretion in determining that the application for judgment and order for sale of his property of the Marion County auditor and treasure substantially complied with statutory requirements. The court did not abuse its discretion in determining that the officials’ notices regarding the tax sale process met the requirements of due process.

Keion Gaddie v. State of Indiana
49A02-1212-CR-953
Criminal. Reverses conviction of Class A misdemeanor resisting law enforcement. Gaddie had no duty to stop when law enforcement ordered him to do so.

Anthony Edwards v. State of Indiana (NFP)
49A02-1210-CR-803
Criminal. Affirms sentence for convictions of Class B felony burglary, Class D felony theft, seven counts of Class A misdemeanor criminal trespass, and Class B misdemeanors public intoxication, voyeurism, and failure to stop after an accident causing damage to property other than another vehicle.

Carlos A. Smith v. State of Indiana (NFP)
71A03-1211-CR-466
Criminal. Affirms conviction of Class D felony possession of marijuana with a prior conviction of possession of marijuana.

Michael G. Chamlee v. State of Indiana (NFP)
65A04-1301-CR-9
Criminal. Affirms convictions of Class A felony dealing in methamphetamine, Class B felony unlawful possession of a firearm by a serious violent felon and Class C felony possession of chemical reagents or precursors.

Jasen M. Snelling v. State of Indiana (NFP)
24A01-1301-CR-30
Criminal. Affirms aggregate 40-year sentence following guilty plea to five counts of Class C felony offering and selling a security that was not registered, federally covered or exempt from registration; five counts of Class C felony failing to register as a broker-dealer, and nine counts of Class C felony securities fraud.

Thomas R. Tokarski and Sandra W. Tokarski v. State of Indiana (NFP)
53A01-1211-PL-498
Criminal. Affirms trial court striking of the Tokarskis’ objections and issuance of an order of appropriation and appointment of appraisers after the state sought to condemn real property owned by the couple to build I-69.

Adam J. Smith v. State of Indiana (NFP)
05A05-1301-CR-41
Criminal. Affirms revocation of probation.

Wesley Cashdollar v. State of Indiana (NFP)

70A01-1204-CR-139
Criminal. Affirms revocation of probation.

In Re: the Marriage of: William Scott Wilson v. Andrea (Wilson) Gunning (NFP)
29A04-1208-DR-435
Domestic relation. Affirms order dissolving marriage and determination of issues including division of property, attorney fees, child support and custody.

In Re: The Paternity of S.J.E-C: Clarence Cones, III v. S.J.E-C, by next friend: Tabetha J. Emenaker, and Tabetha J. Emenaker (NFP)
49A02-1210-JP-805
Juvenile. Affirms order modifying custody of the minor child in favor of mother T.E.

Kevin Govan v. State of Indiana (NFP)
02A03-1302-CR-60
Criminal. Affirms denial of motion to correct erroneous sentence.

William Temple v. State of Indiana (NFP)
33A01-1211-MI-533
Miscellaneous. Reverses order dismissing petition for writ of state habeas corpus relief following revocation of Temple’s parole. Remands with instructions to transfer the cause to the court where he was convicted and sentenced.

State of Indiana v. Mark M. Hairston (NFP)
02A04-1209-PC-476
Post conviction. Grants rehearing and concludes that Hairston’s sentence runs afoul of the protection against double jeopardy enhancements and his appellate counsel’s failure to raise the issue on direct appeal amounts to ineffective assistance. Remands with instructions to vacate his 10-year repeat sexual offender enhancement and adjust his sentence accordingly.

Justin Land v. State of Indiana (NFP)
32A01-1212-CR-546
Criminal. Affirms conviction of Class B felony causing death while operating a motor vehicle.

Armando B. Quintero v. Maria L. Quintero (NFP)
43A03-1210-DR-434
Domestic relation. Affirms order with respect to the award of one-half of the value of the home and attorney fees of $8,000 to Maria Quintero. Reverses division of the full value of Armando Quintero’s pension between the parties and remands with instructions.

Corrie Tomblin v. Michael A. Tomblin (NFP)

50A03-1211-DR-471
Domestic relation. Affirms order modifying custody in the decree dissolving the Tomblins’ marriage.

Greg Haney, as Trustee of the Revocable Trust Agreement of Jay Budman Farrar Executed October 5, 1999 v. Patricia J. Farrar, as Personal Representative of the Estate of Jay B. Farrar (NFP)
29A02-1212-EU-1004
Estate, unsupervised. Affirms denial of Haney’s petition to require Patricia Farrar to pay certain estate expense out of the estate as opposed to funds within the trust over which Haney was the trustee.

Joseph E. Stambaugh v. State of Indiana (NFP)
71A03-1212-CR-545
Criminal. Affirms convictions of Class C felony operation a motor vehicle after lifetime suspension of driving privileges, Class D felonies resisting law enforcement and possession of cocaine, Class A misdemeanor possession of marijuana and Class B misdemeanor false informing.

Arlisha Williams v. Review Board of the Indiana Department of Workforce Development, and UPS Ground Freights, Inc. (NFP)
93A02-1211-EX-959
Agency action. Affirms denial of unemployment benefits.

Alfred Vela v. State of Indiana (NFP)
45A05-1210-CR-559
Criminal. Affirms conviction of Class A felony voluntary manslaughter.

The Indiana Supreme Court and Tax Court posted no decisions 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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