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Opinions May 21, 2012

May 21, 2012
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Indiana Supreme Court and Indiana Tax Court had posted no opinions by IL deadline.

7th Circuit Court of Appeals

Kristi J. Cortezano v. Salin Bank & Trust Company

United States District Court, Southern District of Indiana, Indianapolis Division, Judge Sarah Evans Barker.
11-1631
Civil. Affirms District court’s grant of summary judgment in favor of Salin Bank & Trust Company, holding the bank did not violate Cortezano’s rights by firing her due to her husband’s immigration status. Remands to the District Court to strike from the record the names of Cortezano’s three children, as the District Court had not previously ruled on that motion.

Plumbers and Pipefitters Local Union 719 Pension Fund and Carpenters Pension Fund of West Virginia v. Zimmer Holdings, Inc.; David C. Dvorak; and James T. Crines
United States District Court, Southern District of Indiana, Indianapolis Division, Judge Sarah Evans Barker.
No. 11-1471
Civil. Affirms District court’s determination that plaintiffs failed to prove Zimmer knowingly misrepresented information. Holds that Zimmer had issued a statement acknowledging that its Durom Cup hip socket orthopedic device was difficult to implant and that further training or revised instructions may be necessary. Therefore, the plaintiffs did not prove that Zimmer misrepresented the reason for high failure rates that one surgeon reported three months after Zimmer issued its statement.

Indiana Court of Appeals
Dante Adams v. State of Indiana
15A01-1110-MI-537
Miscellaneous. Holds that while the state failed to provide notice of forfeiture to Adams, the error was not harmful and is not reversible. Affirms the trial court’s order transferring $25,000 in cash seized from Adams to federal authorities.

Wayne A. Moorefield v. State of Indiana (NFP)
85A02-1112-CR-1149
Criminal. Affirms sentence for Class D felony non-support of a dependant child.

James Pierce, Jr. v. State of Indiana (NFP)
48A02-1108-CR-809
Criminal. Affirms sentence for Class C felony burglary and possession of a firearm by a serious violent felon.

Johnathon Gregg v. State of Indiana (NFP)
49A05-1111-CR-566
Criminal. Affirms conviction of Class B felony burglary.

James Gerald v. State of Indiana (NFP)
20A05-1108-CR-413
Criminal. Affirms conviction of Class B felony robbery and sentence, enhanced by a habitual offender adjudication.

Sally G. Leonard and Indiana Farm Bureau Insurance, as Subrogee of Sally G. Leonard v. Brandon Vickers, and Weaver Heating & Cooling, Inc. (NFP)
71A03-1110-CT-483
Civil tort. Affirms trial court’s grant of motion to strike a document from evidence in favor of appellee.

Alex Gregory Robertson v. State of Indiana (NFP)
71A05-1109-CR-538
Criminal. Affirms conviction of felony murder.

Kenneth E. Russell v. State of Indiana (NFP)
28A01-1112-CR-559
Criminal. Affirms sentence for two counts of Class B felony battery.

Cassy Henry v. State of Indiana (NFP)
49A02-1110-CR-921
Criminal. Affirms revocation of probation.

Brett Lyle Rork v. State of Indiana (NFP)
79A02-1110-CR-973
Criminal. Affirms sentence for Class B felony dealing in cocaine.

Julio Chavez v. State of Indiana (NFP)
49A02-1110-CR-899
Criminal. Affirms revocation of probation and court’s order that Chavez serve remaining two years of sentence.

Monwell Douglas v. State of Indiana (NFP)
34A04-1107-PC-388
Post conviction. Affirms 60-year sentence for murder, holding Douglas was not subject to ineffective assistance of counsel.

Richard E. Stanbrough v. Bank of America National Assn. as Successor by Merger to LaSealle Bank National Assn., et al. (NFP)
32A01-1112-MF-577
Mortgage foreclosure. Affirms trial court’s grant of summary judgment in favor of Bank of America National Association.

Buster Joel Toschlog v. State of Indiana (NFP)
Criminal. Affirms trial court’s determination that Buster Joel Toschlog is a credit-restricted felon.
18A02-1110-CR-958

Christopher D. Richardson v. State of Indiana (NFP)
45A04-1109-CR-501
Criminal. Vacates conviction of Class C felony battery by means of a deadly weapon, citing double jeopardy grounds. Affirms convictions for Class B felony aggravated battery and Class C felony battery resulting in serious bodily injury.

Joseph Jesse Clark Smith v. State of Indiana (NFP)
27A05-1108-CR-415
Criminal. Affirms convictions of and sentences for Class A misdemeanor criminal trespass, Class A misdemeanor intimidation and two counts of Class D felony theft.

Demetrus Weems v. State of Indiana (NFP)
05A05-1109-CR-513
Criminal. Affrims conviction of and sentence for Class D felony theft.

 

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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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