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Opinions Oct. 10, 2012

October 10, 2012
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7th Circuit Court of Appeals
Charles R. Kastner v. Michael J. Astrue, Commissioner of Social Security
11-1166
U.S. District Court, Southern District of Indiana, Evansville Division, Magistrate Judge William G. Hussmann Jr.
Civil. Reverses denial of disability benefits, finding the administrative law judge did not adequately explain why Kastner had not met the requirements for a presumptive disability. Remands for further proceedings.

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

Indiana Court of Appeals

In the Matter of G.W. (Minor Child); A.W. (Mother) and J.W. (Stepfather) v. The Indiana Dept. of Child Services
07A01-1201-JM-6
Juvenile miscellaneous. Finds a trial court may order a parent to make a child available for an interview requested by the Department of Child Services to assess the child’s “condition” pursuant to I.C. 31-33-8-7, where the child’s older sibling has made and then recanted allegations of sexual abuse against a family member who lives in the children’s home. Judge Riley dissents.

Tim L. Godby v. State of Indiana
33A01-1203-CR-128
Criminal. Affirms denial of motion to correct erroneous sentence. Godby’s belated attempt to correct the error related to costs through the motion to correct erroneous sentence is not proper.

In Re: The Matter of the Paternity of B.G., Minor Child; C.G. (Mother) v. R.M. (Father) (NFP)
77A01-1202-JP-82
Juvenile paternity. Reverses judgment allowing change of B.G.’s name and remands for a determination of best interest as it pertains to B.G.’s last name. Orders trial court to make the weekly child support order retroactive to at least the date that the mother filed the paternity action. Affirms giving the father a parenting time credit of $5.76 per week.

Judson D. Garrett v. State of Indiana (NFP)
02A04-1205-CR-231
Criminal. Affirms sentence following guilty plea to Class B felony robbery.

Charles Musselwhite v. State of Indiana (NFP)
48A02-1202-PC-136
Post conviction. Affirms denial of petition for post-conviction relief.

Edward Cecil, Jr. v. State of Indiana (NFP)
22A04-1112-CR-689
Criminal. Affirms conviction of Class B felony dealing in cocaine or a narcotic drug.

Grandview Memorial Gardens, LLC, Keith Mefford, Brittan Mefford, Richard Eblen and Sherry Eblen v. John C. Eckert, Wilmer E. Goering, II, and Alcorn Goering & Sage, LLP (NFP)
49A02-1111-PL-992
Civil plenary. Affirms grant of summary judgment to Eckert and reverses it as to Goering and AGS. The statute of limitations does not bar the Grandview clients’ claims against Goering and AGS for negligently handling the fire insurance claim and there is a dispute of material fact as to whether the Grandview clients and Goering and AGS had an attorney-client relationship with respect to that matter. Remands for further proceedings.

Zachary Podorsky v. State of Indiana (NFP)
29A05-1202-CR-94
Criminal. Affirms conviction and sentence for Class A misdemeanor possession of marijuana.

Douglas A. Myers v. State of Indiana (NFP)
82A01-1202-CR-78
Criminal. Affirms sentence following guilty plea to two counts of Class B felony sexual misconduct with a minor.

Paris Knox v. State of Indiana (NFP)
48A02-1203-CR-214
Criminal. Affirms sentence following guilty plea to Class B felony unlawful possession of a firearm by a serious violent felon.

 

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  1. Brian W, I fear I have not been sufficiently entertaining to bring you back. Here is a real laugh track that just might do it. When one is grabbed by the scruff of his worldview and made to choose between his Confession and his profession ... it is a not a hard choice, given the Confession affects eternity. But then comes the hardship in this world. Imagine how often I hear taunts like yours ... "what, you could not even pass character and fitness after they let you sit and pass their bar exam ... dude, there must really be something wrong with you!" Even one of the Bishop's foremost courtiers said that, when explaining why the RCC refused to stand with me. You want entertaining? How about watching your personal economy crash while you have a wife and five kids to clothe and feed. And you can't because you cannot work, because those demanding you cast off your Confession to be allowed into "their" profession have all the control. And you know that they are wrong, dead wrong, and that even the professional code itself allows your Faithful stand, to wit: "A lawyer may refuse to comply with an obligation imposed by law upon a good faith belief that no valid obligation exists. The provisions of Rule 1.2(d) concerning a good faith challenge to the validity, scope, meaning or application of the law apply to challenges of legal regulation of the practice of law." YET YOU ARE A NONPERSON before the BLE, and will not be heard on your rights or their duties to the law -- you are under tyranny, not law. And so they win in this world, you lose, and you lose even your belief in the rule of law, and demoralization joins poverty, and very troubling thoughts impeaching self worth rush in to fill the void where your career once lived. Thoughts you did not think possible. You find yourself a failure ... in your profession, in your support of your family, in the mirror. And there is little to keep hope alive, because tyranny rules so firmly and none, not the church, not the NGO's, none truly give a damn. Not even a new court, who pay such lip service to justice and ancient role models. You want entertainment? Well if you are on the side of the courtiers running the system that has crushed me, as I suspect you are, then Orwell must be a real riot: "There will be no curiosity, no enjoyment of the process of life. All competing pleasures will be destroyed. But always — do not forget this, Winston — always there will be the intoxication of power, constantly increasing and constantly growing subtler. Always, at every moment, there will be the thrill of victory, the sensation of trampling on an enemy who is helpless. If you want a picture of the future, imagine a boot stamping on a human face — forever." I never thought they would win, I always thought that at the end of the day the rule of law would prevail. Yes, the rule of man's law. Instead power prevailed, so many rules broken by the system to break me. It took years, but, finally, the end that Dr Bowman predicted is upon me, the end that she advised the BLE to take to break me. Ironically, that is the one thing in her far left of center report that the BLE (after stamping, in red ink, on Jan 22) is uninterested in, as that the BLE and ADA office that used the federal statute as a sword now refuses to even dialogue on her dire prediction as to my fate. "C'est la vie" Entertaining enough for you, status quo defender?

  2. Low energy. Next!

  3. Had William Pryor made such provocative statements as a candidate for the Indiana bar he could have been blackballed as I have documented elsewhere on this ezine. That would have solved this huuuge problem for the Left and abortion industry the good old boy (and even girl) Indiana way. Note that Diane Sykes could have made a huuge difference, but she chose to look away like most all jurists who should certainly recognize a blatantly unconstitutional system when filed on their docket. See footnotes 1 & 2 here: http://caselaw.findlaw.com/us-7th-circuit/1592921.html Sykes and Kanne could have applied a well established exception to Rooker Feldman, but instead seemingly decided that was not available to conservative whistleblowers, it would seem. Just a loss and two nice footnotes to numb the pain. A few short years later Sykes ruled the very opposite on the RF question, just as she had ruled the very opposite on RF a few short years before. Indy and the abortion industry wanted me on the ground ... they got it. Thank God Alabama is not so corrupted! MAGA!!!

  4. OK, take notice. Those wondering just how corrupt the Indiana system is can see the picture in this post. Attorney Donald James did not criticize any judges, he merely, it would seem, caused some clients to file against him and then ignored his own defense. James thus disrespected the system via ignoring all and was also ordered to reimburse the commission $525.88 for the costs of prosecuting the first case against him. Yes, nearly $526 for all the costs, the state having proved it all. Ouch, right? Now consider whistleblower and constitutionalist and citizen journalist Paul Ogden who criticized a judge, defended himself in such a professional fashion as to have half the case against him thrown out by the ISC and was then handed a career ending $10,000 bill as "half the costs" of the state crucifying him. http://www.theindianalawyer.com/ogden-quitting-law-citing-high-disciplinary-fine/PARAMS/article/35323 THE TAKEAWAY MESSAGE for any who have ears to hear ... resist Star Chamber and pay with your career ... welcome to the Indiana system of (cough) justice.

  5. GMA Ranger, I, too, was warned against posting on how the Ind govt was attempting to destroy me professionally, and visit great costs and even destitution upon my family through their processing. No doubt the discussion in Indy today is likely how to ban me from this site (I expect I soon will be), just as they have banned me from emailing them at the BLE and Office of Bar Admission and ADA coordinator -- or, if that fails, whether they can file a complaint against my Kansas or SCOTUS law license for telling just how they operate and offering all of my files over the past decade to any of good will. The elitist insiders running the Hoosier social control mechanisms realize that knowledge and a unified response will be the end of their unjust reign. They fear exposure and accountability. I was banned for life from the Indiana bar for questioning government processing, that is, for being a whistleblower. Hoosier whistleblowers suffer much. I have no doubt, Gma Ranger, of what you report. They fear us, but realize as long as they keep us in fear of them, they can control us. Kinda like the kids' show Ants. Tyrannical governments the world over are being shaken by empowered citizens. Hoosiers dealing with The Capitol are often dealing with tyranny. Time to rise up: https://www.theguardian.com/technology/2017/jan/17/governments-struggling-to-retain-trust-of-citizens-global-survey-finds Back to the Founders! MAGA!

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