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Opinions May 25, 2012

May 25, 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

E. Paul Haste v. State of Indiana
03A01-1108-CR-369
Criminal. Dismisses Haste’s appeal of his conviction of and sentence for Class B felony dealing in methamphetamine because the order from which he appeals isn’t a final judgment.

Mark Gasser v. Lesa B. Downing, Auto-Owners Insurance Company, and Property Owners Insurance Company
19A05-1108-PL-419
Civil plenary. Affirms denial of Gasser’s motion for summary judgment, and affirms summary judgment in favor of Auto-Owners, on Gasser’s suit for underinsured motorist coverage. Gasser’s friend’s car, in which Gasser was riding, was not a “temporary substitute” for purposes of the Auto Owners policy because it was being used as a favor or friendly accommodation, not to fulfill a legal or contractual obligation Gasser had.

Cody Dallas v. Brandon Cessna
80A02-1110-CT-925
Civil tort. Affirms finding that Dallas is jointly and severally liable to Cessna for damages following intentional acts of battery. The Comparative Fault Act clearly stipulates that Cessna may recover 100 percent of his damages for the intentional tort from Dallas, as Dallas pleaded guilty after a prosecution based on the same evidence used in the civil proceedings.
 
In Re the Estate of Ruby Shuler Blankenbaker Botkins, Deceased; Mark Allen Shuler and David Lee Shuler, co-personal representatives v. Estate of George Botkins and Larry Botkins, personal rep.
22A05-1109-ES-481
Estate supervised. Dismisses appeal by Mark and David Shuler of the trial court’s denial of their motion to set aside a family settlement agreement relating to the administration of Ruby Botkins’ estate because the order is neither a final judgment nor an appealable interlocutory order.

Anthony Dorelle-Moore v. State of Indiana
45A04-1109-CR-482
Criminal. Affirms murder conviction. Dorelle-Moore claimed the trial court abused its discretion relating to the prosecutor’s communications with a potential witness. Any suppression of a witness’s testimony was no more than a harmless error.

Tyjuan J. Dixon v. State of Indiana
45A03-1110-CR-482
Criminal. Affirms convictions of murder and two counts of Class A felony attempted murder. The trial court did not abuse its discretion when it allowed the state to introduce extrinsic evidence in the form of testimony from a police detective as impeachment of another prosecution witness.

Anthony McCoy v. State of Indiana (NFP)
02A03-1110-PC-511
Post conviction. Affirms denial of petition for post-conviction relief.

Keith M. Butler v. State of Indiana (NFP)
02A03-1105-CR-187
Criminal. Affirms convictions of and sentence for two counts each of Class B felony sexual misconduct with a minor and Class C felony sexual misconduct with a minor and one count of Class D felony child solicitation.

William Pargo v. State of Indiana (NFP)
49A05-1104-CR-174
Criminal. Affirms grant of state’s motion to amend charges against Pargo.

Clovis Smith v. Alexandra Ryan (NFP)
07A01-1111-PO-518
Protective order. Affirms issuance of protection order and determination that Smith is “Brady disqualified” from buying a firearm.

Victoria Thomas v. National Education Association-South Bend and South Bend School Corporation (NFP)
71A03-1107-MI-383
Miscellaneous. Affirms denial of Thomas’ motion to stay and affirmation of the decision by the Indiana Education Employment Relations Board that concluded the National Education Association – South Bend did not violate its duty to fairly represent Thomas in her grievance against her employer, South Bend Community School Corp.

Lucas E. Holland v. State of Indiana (NFP)
53A01-1107-CR-333
Criminal. Affirms sentence for murder and Class B felony armed robbery.

Lorinda Harper v. State of Indiana (NFP)
90A02-1110-CR-981
Criminal. Affirms conviction of Class D felony receiving stolen property.

Darrell Lawrence v. State of Indiana (NFP)
49A02-1110-CR-939
Criminal. Affirms order that Lawrence serve his entire suspended sentence following a probation violation.

Shane J. Johnson v. State of Indiana (NFP)
84A01-1107-CR-350
Criminal. Affirms in part and remands for a more specific statement of the terms of Johnson’s probation revocation consistent with the opinion.

Jeremy Kyle Everhart v. State of Indiana (NFP)
64A04-1105-CR-253
Criminal. Dismisses appeal for lack of jurisdiction.

Paul Esparza v. Denis Lynch (NFP)
http://media.ibj.com/Lawyer/websites/opinions/index.php?pdf=2012/may/05251204msm.pdf
75A04-1104-SC-184
Small claim. Affirms $1,000 judgment in favor of Lynch for destruction of property.
 

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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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