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Opinions Nov. 8, 2010

November 8, 2010
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Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Timothy Cranston v. State of Indiana
29A02-1003-CR-374
Criminal. Affirms conviction of Class A misdemeanor operating a vehicle while intoxicated with an alcohol concentration of 0.15 or greater. The admission of the Datamaster machine printed ticket stating his BAC without live testimony from the equipment technician didn’t violate Cranston’s Sixth Amendment right to confrontation.

Kimberly Thomas v. State of Indiana
49A02-1002-CR-105
Criminal. Reverses conviction of Class A misdemeanor invasion of privacy. Under the circumstances set forth in the record, the institution of direct contempt proceedings was the more appropriate action in response to Thomas’ statement to James Smith in the courtroom. Remands with instructions to vacate her conviction and at the trial court’s option, to resume direct contempt proceedings. Judge Bradford dissents.

Branton Homsher v. State of Indiana (NFP)
54A01-1003-CR-116
Criminal. Affirms convictions of and sentences for Class B felony aggravated battery and Class B felony neglect of a dependent.

A.L.C. v. J.H. (NFP)
82A01-1003-DR-149
Domestic relation. Affirms denial of mother’s petition to modify custody and order that her parenting time continue to be supervised. Remands with instructions to hear evidence regarding the parents’ respective abilities to pay the cost of mother’s supervised visitation in determining who shall pay the weekly South Evansville Community Outreach fees if no other suitable, less costly arrangement can be accomplished.

Jonathan Grider, Sr. v. State of Indiana (NFP)
16A01-1005-CR-246
Criminal. Affirms sentence following guilty plea to Class B felony manufacturing methamphetamine.

Julian D. Grady v. State of Indiana (NFP)
02A03-1003-CR-174
Criminal. Affirms conviction of Class B felony robbery.

Nicholas N. Harless v. State of Indiana (NFP)
48A02-1001-CR-163
Criminal. Affirms revocation of probation.

Brandon D. Lange v. State of Indiana (NFP)
49A04-1003-CR-167
Criminal. Affirms convictions of five counts of Class A felony child molestation and three counts of Class C felony child molestation. Reverses adjudicating Lange to be a credit restricted felon and remands for further proceedings.

Alan Akers v. State of Indiana (NFP)
49A02-1003-CR-357
Criminal. Affirms conviction of Class A misdemeanor patronizing a prostitute.

Paul Dodson v. State of Indiana (NFP)
48A05-1002-CR-123
Criminal. Affirms revocation of work release.

Harvey O. Coffey, Jr. v. State of Indiana (NFP)
53A04-1005-CR-316
Criminal. Affirms sentence following guilty plea to one count of Class A felony child molesting and one count of Class B felony child molesting.

Noble Adigbli v. Dave Novak, d/b/a Novak & Co. LLC d/b/a Steamshowers4less.com (NFP)
45A05-0912-CV-698
Civil. Affirms judgment in favor of Novak on Adigbli’s suit for alleged expenses he incurred including lender charges associated with the delay and labor charges to dismantle the unserviceable steam shower, install a replacement, and repair drywall.

Matthew Holland v. State of Indiana (NFP)
49A04-1004-CR-218
Criminal. Reverses order granting Holland’s petition requesting permission to file a belated notice of appeal and dismisses his appeal.

Indiana Tax Court had posted no opinions at IL deadline.

The Indiana Supreme Court denied transfer to eight cases for the week ending Nov. 5.

 

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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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