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Opinions Sept. 13, 2013

September 13, 2013
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Indiana Court of Appeals
Jerry A. Smith v. State of Indiana
15A05-1208-CR-411
Criminal. Affirms Dearborn Superior Court’s denial of Smith’s motion to dismiss three charges and reverses the court’s denial of the motion to dismiss 15 state charges. Rules most of the charges brought against Smith for an alleged Ponzi scheme violated double jeopardy because they were for the same conduct included in his guilty plea to a federal indictment. However, the charges related to Smith’s failing to register with the Indiana Secretary of State as a broker-dealer can stand since they were not related to the federal charges. Judge Nancy Vaidik dissents, arguing the remaining charges also violate double jeopardy because both the federal and state charges rely, partially, on Smith’s failure to register.

Jerry A. Smith v. State of Indiana
24A01-1210-CR-469
Criminal. Affirms Franklin Circuit Court’s order dismissing 24 state charges and denying Smith’s motion to dismiss five other charges. Reserves denial of motion to dismiss remaining state court charges and remands for further proceedings. Finds most of the charges brought against Smith for an alleged Ponzi scheme were for the same conduct included in his guilty plea to a federal indictment and therefore violate double-jeopardy prohibitions. However, the charges related to Smith’s failing to register with the Indiana secretary of state as a broker-dealer can stand because they were not related to the federal charges. Judge Nancy Vaidik dissents, arguing the remaining charges also violate double jeopardy since both the federal and state charges rely, partially, on Smith’s failure to register.

Von Tobel Corporation, Individually, and d/b/a Von Tobel Lumber & Hardware; and Von Tobel Lumber & Home Center, Inc. v. Chi-Tec Construction & Remodeling, Inc.; John F. Ziola, Jr.; Et Al.
46A03-1301-MI-18
Miscellaneous/mechanic’s lien. Reverses grant of summary judgment in favor of the Margret Lynn West trust, one of the defendant parties, and orders summary judgment entered for Von Tobel. The panel reversed a trial court ruling that the lien was invalid because a pre-lien notice named “Von Tobel Lumber & Home Center Inc.” and the lien notice named “Von Tobel Corporation” as claimants. The difference was minimal, not misleading and didn’t prejudice the trust or other parties, the panel held.

In the Matter of the Termination of the Parent-Child Relationship of Jo. B. & Ju. B.(Minor Children) and T. B.(Mother) v. The Indiana Department of Child Services (NFP)
49A05-1303-JT-92
Juvenile. Affirms termination of T.B.’s parental rights to her children, Ju.B. and Jo.B.

Lamar Miller v. State of Indiana (NFP)
49A05-1302-CR-46
Criminal. Affirms conviction of Class A misdemeanor invasion of privacy.

Charles Grieco v. State of Indiana (NFP)
49A04-1301-CR-32
Criminal. Affirms conviction for operating a vehicle while intoxicated, as a Class C misdemeanor.

Indiana Supreme Court and Indiana Tax Court issued no opinions by IL deadline. The 7th Circuit Court of Appeals issued no Indiana opinions by IL deadline.  
 

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  1. Some are above the law in Indiana. Some lined up with Lodges have controlled power in the state since the 1920s when the Klan ruled Indiana. Consider the comments at this post and note the international h.q. in Indianapolis. http://www.theindianalawyer.com/human-trafficking-rising-in-indiana/PARAMS/article/42468. Brave journalists need to take this child torturing, above the law and antimarriage cult on just like The Globe courageously took on Cardinal Law. Are there any brave Hoosier journalists?

  2. I am nearing 66 years old..... I have no interest in contacting anyone. All I need to have is a nationality....a REAL Birthday...... the place U was born...... my soul will never be at peace. I have lived my life without identity.... if anyone can help me please contact me.

  3. This is the dissent discussed in the comment below. See comments on that story for an amazing discussion of likely judicial corruption of some kind, the rejection of the rule of law at the very least. http://www.theindianalawyer.com/justices-deny-transfer-to-child-custody-case/PARAMS/article/42774#comment

  4. That means much to me, thank you. My own communion, to which I came in my 30's from a protestant evangelical background, refuses to so affirm me, the Bishop's courtiers all saying, when it matters, that they defer to the state, and trust that the state would not be wrong as to me. (LIttle did I know that is the most common modernist catholic position on the state -- at least when the state acts consistent with the philosophy of the democrat party). I asked my RCC pastor to stand with me before the Examiners after they demanded that I disavow God's law on the record .... he refused, saying the Bishop would not allow it. I filed all of my file in the open in federal court so the Bishop's men could see what had been done ... they refused to look. (But the 7th Cir and federal judge Theresa Springmann gave me the honor of admission after so reading, even though ISC had denied me, rendering me a very rare bird). Such affirmation from a fellow believer as you have done here has been rare for me, and that dearth of solidarity, and the economic pain visited upon my wife and five children, have been the hardest part of the struggle. They did indeed banish me, for life, and so, in substance did the the Diocese, which treated me like a pariah, but thanks to this ezine ... and this is simply amazing to me .... because of this ezine I am not silenced. This ezine allowing us to speak to the corruption that the former chief "justice" left behind, yet embedded in his systems when he retired ... the openness to discuss that corruption (like that revealed in the recent whistleblowing dissent by courageous Justice David and fresh breath of air Chief Justice Rush,) is a great example of the First Amendment at work. I will not be silenced as long as this tree falling in the wood can be heard. The Hoosier Judiciary has deep seated problems, generational corruption, ideological corruption. Many cases demonstrate this. It must be spotlighted. The corrupted system has no hold on me now, none. I have survived their best shots. It is now my time to not be silent. To the Glory of God, and for the good of man's law. (It almost always works that way as to the true law, as I explained the bar examiners -- who refused to follow even their own statutory law and violated core organic law when banishing me for life -- actually revealing themselves to be lawless.)

  5. to answer your questions, you would still be practicing law and its very sad because we need lawyers like you to stand up for the little guy who have no voice. You probably were a threat to them and they didnt know how to handle the truth and did not want anyone to "rock the boat" so instead of allowing you to keep praticing they banished you, silenced you , the cowards that they are.

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