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Opinions June 27, 2013

June 27, 2013
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Indiana Court of Appeals
Timothy W. Parish v. State of Indiana
64A03-1210-CR-438
Criminal. Finds trial court properly denied Parish’s request for counsel at public expense because he had $130,000 in equity in his house, but the facts and circumstances of the case do not warrant a knowing and intelligent waiver of his right to counsel because the trial court did not advise him of the dangers and disadvantages of self-representation. Remands for a new trial.

Term. of the Parent-Child Rel. of: S.S., J.S., and C.S. (Minor Children) and, T.S. (Mother) v. The Indiana Dept. of Child Services
09A02-1211-JT-936
Juvenile. Affirms mother was not denied due process when the juvenile court denied her motion to continue a termination hearing. Mother was represented by counsel, voluntarily left Indiana and was aware of the hearing.

Terry L. Sturgis, Sr. v. State of Indiana
71A03-1207-CR-330
Criminal. Affirms convictions of murder, two counts of Class B felony criminal confinement, four counts of Class B felony battery, three counts of Class C felony battery, one count of Class A misdemeanor battery and two counts of Class D felony neglect of a dependent. There are no double jeopardy violations and there is ample evidence from which a reasonable trier of fact could determine that Sturgis knowingly killed his 10-year-old son.

Stephen G. Smith v. Board of School Trustees of the Monroe County Community School Corporation
53A01-1211-MI-511
Miscellaneous. Affirms order affirming the decision of the board of school trustees to terminate Smith’s teaching contract. There is substantial evidence to support the decision and the board followed proper procedures in cancelling the contract.

Hickory Creek at Connersville v. Estate of Otto K. Combs
21A04-1211-ES-600
Estate, supervised. The trial court did not err in denying Hickory Creek’s claim against Otto Combs’ estate because it did not first pursue Marianne Combs. According to the doctrine of necessaries, a creditor must first seek satisfaction from the income and property of the spouse who incurred the debt, and only if those resources are insufficient may a creditor seek satisfaction from the non-contracting spouse.

D.D. v. D.P. (NFP)
49A02-1211-DR-896
Domestic relation. Remands for further proceedings because the trial court applied the incorrect standard for the burden of proof.

Angela Spurgeon v. Review Board of the Indiana Dept. of Workforce Development and French Lick Professional Management, Inc. (NFP)
93A02-1210-EX-861
Agency action. Affirms denial of unemployment benefits.

Timothy Alex Lear v. State of Indiana (NFP)
65A01-1209-CR-426
Criminal. Affirms conviction of murder and 60-year sentence.

Jeffrey Baker v. State of Indiana (NFP)
67A01-1301-PC-1
Post conviction. Affirms denial of petition for post-conviction relief.

Noel Stack v. State of Indiana (NFP)
29A02-1211-CR-951
Criminal. Affirms sentence following guilty plea to Class D felony theft, but reverses restitution order and remands with instructions to vacate the order.

C.S. v. Review Board of the Indiana Dept. of Workforce Development (NFP)
93A02-1209-EX-774
Agency action. Affirms denial of unemployment benefits.

S.L. v. State of Indiana (NFP)
49A02-1211-JV-937
Juvenile. Affirms adjudication for child molesting, which would be a Class B felony if committed by an adult.

Noah Mani v. State of Indiana (NFP)
49A05-1211-CR-569
Criminal. Affirms revocation of community corrections placement.

Nephrology Specialists, P.C., Shahabul Arfeen, M.D., Sanjeev Rastogi, M.D., Maher Ajam, M.D., and Raied Abdullah, M.D. v. Asim Chughtai, M.D., Rafael Fletes, M.D., et al. (NFP)
45A03-1212-CT-535
Civil tort. Reverses denial of Nephrology Specialists’ motion for injunctive relief as the trial court abused its discretion in determining that certain non-compete contractual provisions were rescinded following a board meeting.

Jacob K. Smith v. County of Hancock, Indiana (NFP)
33A04-1212-MI-626
Miscellaneous. Affirms dismissal from the Hancock County Sheriff’s Department following a hearing on charges of misconduct.

Gerry Lucas v. State of Indiana (NFP)
49A05-1210-CR-532
Criminal. Affirms conviction of Class A misdemeanor battery.

Leonard Shaw v. State of Indiana (NFP)
71A03-1210-CR-433
Criminal. Affirms three-year sentence for Class D felony counterfeiting.

The Indiana Supreme Court and Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana 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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