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Opinions June 13, 2011

June 13, 2011
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Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Antwon Abbott v. State of Indiana

34A02-1009-CR-1067
Criminal. Affirms convictions of and sentence for Class B felony possession of cocaine and Class A misdemeanor possession of marijuana. The trial court did not abuse its discretion in admitting into evidence the cocaine and marijuana found during the search of Abbott’s person. His argument fails that the statute that elevated his possession crime to a Class B felony is unconstitutionally vague as applied to him.

The City of Boonville v. American Cold Storage, et al.
87A01-1004-PL-167
Civil plenary. Reverses trial court holding that tax-exempt parcels shouldn’t be counted in determining the total number of landowners in the annexed territory. The clear language of Indiana Code 36-4-3-11(a)(1) indicates the Legislature’s intent that all property – whether taxable or tax exempt – should be counted in determining standing. The trial court erred in determining the landowners have standing to bring a declaratory judgment action. Remands for that action to be dismissed. Affirms that adjacent landowners do not have standing to join in the remonstrance under the 65 percent rule.

Khawar Muneer v. Shazi Muneer

32A01-1012-PO-658
Protective order. Affirms denial of Khawar Muneer’s motion to transfer venue. Shazi Muneer filed her petition in the county of her residence, in compliance with Indiana Code 34-26-5-4(b).

Jane D. Connolly v. Michael P. Connolly
02A04-1101-DR-4
Domestic relation. Affirms judgment in favor of Michael Connolly that Jane Connolly isn’t entitled to an equalization payment based on his ownership interest in commercial real estate. The only circumstances in which he would owe an equalization payment would be if the total value of his interest in Bantry Bay had increased. Affirms order that Jane pay a portion of Michael’s attorney fees.  

Yvette Albright v. Four Winds International
93A02-1010-EX-1324
Agency action. Reverses decision of the full Worker’s Compensation Board that Four Winds isn’t responsible for providing prescription Cymbalta to Albright. The evidence shows Albright suffers from paresthesias and Cymbalta helps treat the pain that arises from the condition. Remands for the board to enter an award in favor of Albright, directing Four Winds to provide her with Cymbalta or an equivalent medication to treat her paresthesias and determine how long the company should be required to provide such medication.

Kyle D. Rosenfield v. State of Indiana (NFP)
22A05-1007-CR-648
Criminal. Affirms sentence following guilty plea to Class C felony auto theft.

Paternity of B.S.C.; S.C. v. N.A.S. (NFP)
55A04-1012-JP-780
Juvenile. Affirms order on emergency hearing which denied father’s request to modify physical custody.

Robert P. Webber v. State of Indiana (NFP)
71A03-1011-CR-647
Criminal. Affirms conviction of Class B felony conspiracy to commit burglary.

Term. of Parent-Child Rel. of D.D.; S.D. v. I.D.C.S. (NFP)
20A03-1010-JT-506
Juvenile. Affirms order terminating parental rights.
 
Cory Blocker v. State of Indiana (NFP)
31A04-1010-CR-635
Criminal. Affirms conviction of Class D felony theft and revocation of probation.

Richard Bartlett v. State of Indiana (NFP)
29A04-1012-CR-813
Criminal. Affirms sanction for violating probation.

Henry Howard v. Raymond Grimes, et al. (NFP)
48A04-1010-CC-629
Civil collection. Dismisses Howard’s appeal for lack of jurisdiction.

Warrum Construction Inc., et al. v. Yellow Book Sales and Distribution Co., Inc. (NFP)
49A05-1011-CC-722
Civil collection. Affirms summary judgment for Yellow Book in its complaint seeking payment from Warrum Construction of the balance owed under contracts for advertising.

Alfred M. Wiley v. State of Indiana (NFP)
45A04-1007-CR-417
Criminal. Affirms sentence following guilty plea to Class B felony dealing in cocaine and Class C felony carrying a handgun without a license.

Vaughn Highley v. State of Indiana (NFP)
27A04-1011-CR-710
Criminal. Affirms sentence for Class B felony criminal confinement and Class C felony battery resulting in serious bodily injury.
 
Indiana Tax Court had posted no opinions at IL deadline.

Indiana Supreme Court granted one transfer for the week ended June 10.
 

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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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