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Opinions June 17, 2011

June 17, 2011
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The following Indiana Supreme Court opinion was posted after IL deadline Thursday:
In the Matter of Mark R. McKinney
18S00-0905-DI-220
Attorney discipline action. Suspends Mark R. McKinney from the practice of law for 120 days, beginning July 28, for violation of Indiana Professional Conduct Rules.

Today's opinions
Indiana Supreme Court has posted no opinions as of IL deadline.

Indiana Court of Appeals

Shaun M. Berry v. State of Indiana
57A03-1011-CR-579
Criminal. Reverses trial court’s imposition of public defender fee and remands for a determination of Shaun Berry’s ability to pay for his legal services and for clarification of $364 in court costs. Holds the court failed to identify statutory authorization for imposing court costs and failed to make statutorily required finding that Berry had the ability to pay public defender fee.

Involuntary Commitment of T.A.
49A02-1011-MH-1243
Mental health. Affirms involuntary commitment of T.A., holding sufficient evidence exists to support a doctor’s conclusion that T.A. is gravely disabled by mental illness and does not have a realistic plan for self care.

Carlton Wright v. State of Indiana
10A01-1009-CR-517
Criminal. Reverses conviction of Class D felony criminal confinement, citing Indiana’s double jeopardy rules, and remands to trial court to vacate conviction. Affirms conviction of robbery and enhanced sentence, due to criminal history and character.

Danny Holloway v. State of Indiana
49A05-1011-CR-703
Criminal. Affirms sentence of Class B felony burglary, stating sentence was not inappropriate in light of Danny Holloway’s criminal background and character.

Michael W. Baker v. State of Indiana (NFP)
89A01-1010-CR-536
Criminal. Reverses Class B felony burglary conviction and determination that Michael Baker was an habitual offender. Remands for entry of judgment of conviction for criminal trespass and sentence on that offense.

Jason R. Chilafoe v. State of Indiana (NFP)
57A05-1011-CR-711
Criminal. Affirms trial court’s assessment of public defender fees and other court costs and fees.

Cary R. Wollenweber v. Hawkins Enterprises, Inc., et al. (NFP)
32A01-1007-PL-318
Civil plenary. Affirms trial court’s ruling granting summary judgment in favor of Hawkins Enterprises, Inc. doing business as The Mattress Superstore in Wollenweber’s suit alleging violations of the Wage Payment Statute, Wage Claims Statute, and Fair Labor Standards Act.

Damian A. Rosales v. State of Indiana (NFP)
20A05-1010-CR-620
Criminal. Affirms convictions of Class A felony dealing in methamphetamine and Class D felony possession of more than 30 grams of marijuana, along with aggregate sentence that includes another felony and one misdemeanor charge.

Paul Patterson v. State of Indiana (NFP)
09A02-1009-CR-1041
Criminal. Affirms sentence for Class B felony dealing in cocaine.

Brien E. Franklin v. State of Indiana (NFP)
71A05-1010-CR-732
Criminal. Affirms revocation of probation.

Virgil E. Griffin v. State of Indiana (NFP)
46A03-1003-PC-106
Post-conviction relief. Affirms denial of petition for post-conviction relief.

Travis W. Britt v. State of Indiana (NFP)
49A02-1011-CR-1258
Criminal. Affirms trial court’s revocation of community corrections placement and order that Travis Britt return to the Department of Correction.

Victor Adamson-Scott v. State of Indiana (NFP)
49A05-1010-CR-604
Criminal. Affirms felony murder conviction.

Kasi Ballew v. State of Indiana (NFP)
22A04-1008-CR-555
Criminal. Affirms sentence for Class B felony dealing in a schedule II controlled substance.

Richard E. Dell v. State of Indiana (NFP)
80A04-1009-CR-582
Criminal. Affirms conviction of Class D felony sexual battery.

Indiana Tax Court had posted no opinions as of 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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