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Opinions Oct. 4, 2010

October 4, 2010
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Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Donald L. Pruitt v. State of Indiana
55A01-0912-CR-597
Criminal. Affirms denial of Pruitt’s motion to suppress, who was charged with operating a motor vehicle after driving privileges had been forfeited for life as a Class C felony. The lack of limiting language in Indiana Code Section 9-30-10-17 supports that Indiana Code sections 9-21-18-1 to 9-21-18-15 do not bar law enforcement officers from investigating violations in private parking lots in the absence of a contractual agreement with the property owner. Concludes the police officer had reasonable suspicion to stop Pruitt for driving without headlights.

SPCP Group, LLC v. Dolson, Inc., et al.
19A01-0912-CV-604
Civil. Affirms denial of SPCP Group’s motion for partial summary judgment and grant of Holland’s cross-motion for summary judgment on SPCP’s complaint seeking foreclosure of a mortgage on Holland’s real property. The undisputed facts establish that the mortgage SPCP seeks to foreclose inaccurately and inadequately describes the debt it purports to secure, and as a result, SPCP cannot establish an essential element of its claim.

Andy Alafogianis, et al. v. Joseph Guffey, et al. (NFP)
33A01-1003-PL-98
Civil plenary. Affirms judgment in favor of Guffey in his suit for the balances owed on each account held by Alafogianis for work Guffey’s companies completed in Alafogianis’ restaurants.

T.J. and Ginger Richard v. Janet Egolf (NFP)
25A04-1001-SC-28
Small claims. Affirms judgment in favor of Eglof on the Richards’ claim of being sold an allegedly lame horse, and in favor of Eglof in her counterclaim regarding costs to care for the horse when the Richards left it with her.

Qwinces LLC, et al. v. Viking Hardwoods, Inc., et al. (NFP)
17A03-1002-CC-102
Civil collections. Reverses default judgment and damages award in favor of Viking Hardwoods in their suit alleging breaches of contract against Quinces and remands for further proceedings.
 
R.R. v. Review Board (NFP)
93A02-0912-EX-1227
Civil. Affirms denial of unemployment compensation benefits.

Bettye Alvis v. Professional Account Service, Inc. (NFP)
84A04-1004-PL-253
Civil plenary. Reverses order awarding Alvis $500 in attorney’s fees and no costs following summary judgment in her favor on her wage payment claim. Remands with instructions to award Alvis $6,460 in attorney fees and $364.17 in costs.

Adoption of W.G.; D.M. and K.M. v. T.G. (NFP)
67A05-1001-AD-105
Adoption. Reverses order granting father T.G.’s motion to set aside the grandparents’ adoption of W.G. based on fraud. Remands with instructions to reinstate the adoption decree.

Jamie Keys v. State of Indiana (NFP)
49A02-1002-CR-101
Criminal. Affirms conviction of Class A misdemeanor carrying a handgun without a license.

Curtis D. Holiday v. State of Indiana (NFP)
34A02-1005-CR-603
Criminal. Affirms sentence following guilty plea to Class C felony possession of cocaine.

Wayne Jewell v. State of Indiana (NFP)
34A05-1002-PC-115
Post conviction. Affirms denial of petition for post-conviction relief.

Wayne Miller v. Jennifer Shue (NFP)
34A04-1002-SC-105
Small claims. Affirms small-claims judgment in favor of Shue for $3,600 and remands for the court to determine an amount of appellate attorney’s fees and costs to which Shue is entitled.

Indiana Tax Court had posted no opinions at IL deadline.

The Indiana Supreme Court granted one transfer and denied transfer to 27 cases for the week ending Sept. 30.
 

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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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