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Opinions May 17, 2012

May 17, 2012
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7th Circuit Court of Appeals posted no Indiana opinions at IL deadline.

Indiana Supreme Court and Indiana Tax Court posted no opinions at IL deadline.

Indiana Court of Appeals

Heriberto Suarez v. State of Indiana
02A05-1106-PC-325
Post conviction. Affirms denial of petition for post-conviction relief. The court did not err in denying his claim that he received ineffective assistance of trial counsel.

Timothy Hammerlund v. State of Indiana
33A05-1110-CR-562
Criminal. Affirms revocation of probation. The record fails to establish that Hammerlund’s wavier of counsel was anything other than knowing, intelligent and voluntary.

City of Gary and Gary Sanitation District v. Indiana Department of Environmental Management and City of Hobart
49A02-1106-MI-553
Miscellaneous. Affirms court order affirming order of the Office of Environmental Adjudication, which upheld IDEM’s decision to issue a permit to Hobart to operate a new wastewater treatment plant. IDEM’s decision was neither arbitrary nor capricious and the decision was in accordance with the law and supported by substantial evidence.

Brian Otte v. State of Indiana
84A01-1108-CR-356
Criminal. Affirms convictions of Class D felony residential entry; three counts of Class B misdemeanor battery; Class A misdemeanor criminal mischief; Class A misdemeanor operating a vehicle while intoxicated; Class B misdemeanor failure to stop after an accident resulting in damage to unattended vehicle; and the finding that Otte is a habitual offender. There was no error in the trial court’s Criminal Rule 4(D) continuance or its admission of testimony by a domestic violence expert. Judge Vaidik concurs in result in a separate opinion.

Duane Lee v. State of Indiana
49A04-1105-CR-225
Criminal. Affirms Lee’s convictions of burglary as a Class B felony, rape as a Class A felony, six counts of criminal deviate conduct as Class A felonies, robbery as a Class B felony, resisting law enforcement as a Class A misdemeanor, criminal confinement as a Class B felony, intimidation as a Class C felony, and pointing a firearm as a Class D felony. The police acted improperly in swabbing Lee’s penis and the trial court erred in allowing results of that DNA test into evidence. Other evidence presented renders the error harmless.

Dewayne Jones v. State of Indiana
49A02-1109-CR-855
Criminal. Affirms conviction of Class D felony invasion of privacy. Finds Marion County is the proper venue for the case.

Dewayne Jones v. State of Indiana
49A02-1109-CR-853
Criminal. Affirms conviction of Class D felony invasion of privacy. Finds Marion County is the proper venue for the case.

Kenneth A. Lainhart v. State of Indiana (NFP)
24A01-1105-CR-241
Criminal. Affirms convictions of and sentence for Class B felonies dealing in methamphetamine by manufacturing and conspiracy to deal in methamphetamine by manufacturing, Class C felony possession of a handgun with obliterated identification marks, and Class D felonies maintaining a common nuisance and dumping of a controlled substance waste.

A.B. v. State of Indiana (NFP)
20A03-1112-JV-540
Juvenile. Affirms finding that A.B. is a delinquent child for committing what would be Class A misdemeanor battery if committed by an adult.

Alply Architectural Building Systems LLC, Alply, Inc., and John Peters v. Corrlines LLC and David J. Smith (NFP)
29A02-1111-CC-1032
Civil collection. Affirms denial of Alply’s motion to dismiss the breach of contract suit.

J.H. v. State of Indiana (NFP)
57A03-1201-JV-25
Juvenile. Affirms placement at the Indiana Boys’ School.

Wendell E. Mardis v. State of Indiana (NFP)
84A04-1109-CR-481
Criminal. Affirms conviction of Class A felony voluntary manslaughter.

Anthony Cross v. State of Indiana (NFP)
20A03-1109-CR-442
Criminal. Affirms conviction of Class B felony robbery while armed with a deadly weapon.

Brian Riley v. State of Indiana (NFP)
65A01-1111-CR-552
Criminal. Affirms sentence for Class C felony battery resulting in serious bodily injury.

Jermaine M. Lockett v. State of Indiana (NFP)
02A03-1107-CR-376
Criminal. Affirms convictions of and sentence for Class A felony dealing in cocaine and Class A misdemeanor possession of marijuana.

Trevon T. Marshall v. State of Indiana (NFP)
02A04-1110-CR-522
Criminal. Affirms sentence following guilty plea to Class C felony carrying a handgun without a license.

Kenneth Keehn v. State of Indiana (NFP)
46A05-1106-CR-332
Criminal. Affirms conviction of Class A felony dealing in a schedule I controlled substance.

David C. Wilson v. State of Indiana (NFP)
49A04-1110-CR-516
Criminal. Affirms sentence for Class A felony burglary and Class B felonies possession of a firearm by a serious violent felon and conspiracy to commit burglary.

Mark Alderman v. State of Indiana (NFP)
08A02-1110-CR-916
Criminal. Affirms conviction of Class A misdemeanor cruelty to an animal.

Robin Wood v. State of Indiana (NFP)
49A02-1109-CR-799
Criminal. Affirms order that Wood pay a $200 drug interdiction fee following her guilty plea to Class A misdemeanor possession of marijuana.

Roderick Ramone Wiggins v. State of Indiana (NFP)
45A05-1106-CR-291
Criminal. Affirms convictions of three counts of murder and sentence imposed.

Dean E. Overholser v. State of Indiana (NFP)
71A04-1108-CR-436
Criminal. Affirms conviction of Class D felony possession of marijuana by cultivation.

Marvin L. Boatright v. State of Indiana (NFP)
49A02-1108-CR-729
Criminal. Affirms conviction of Class C felony forgery.

John F. Fyock v. State of Indiana (NFP)
02A03-1109-CR-421
Criminal. Affirms convictions of and sentences for four counts of Class B felony dealing in a schedule I, II or III controlled substance.

Michael Lee Massing v. State of Indiana (NFP)
20A04-1110-CR-602
Criminal. Affirms denial of petition to file a belated notice of appeal.

Brian Andert v. State of Indiana (NFP)
71A05-1109-CR-509
Criminal. Affirms convictions of three counts of Class B felony sexual misconduct with a minor.

Daniel W. Beatty v. State of Indiana (NFP)
39A05-1107-CR-339
Criminal. Affirms convictions of dealing in methamphetamine, a Class A felony; conspiracy to deal methamphetamine, a Class A felony; possession of methamphetamine, a Class B felony; possession of precursors, a Class D felony; and his adjudication as a habitual substance offender.

 

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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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