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Opinions Sept. 28, 2012

September 28, 2012
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7th Circuit Court of Appeals posted no opinions by IL deadline.

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


Indiana Court of Appeals
Steven Duncan v. State of Indiana
82A01-1201-CR-22
Criminal. Affirms in part and reverses in part six convictions of Class A misdemeanor cruelty to an animal. Duncan did not knowingly waive his right to a jury trial because the court did not fully advise him of his rights and obligations. Finds the animal cruelty statute is not vague as applied to him and there was sufficient evidence to overcome a defense of necessity. Remands for a jury trial.

Paul Hardy v. State of Indiana
88A01-1203-CR-93
Criminal. Affirms the trial court did not abuse its discretion in revoking Hardy’s probation in multiple cases and ordering him to serve all of his previously suspended sentences. The trial court had the authority to revoke his probation in two of the cases in which he had not yet begun serving his probation, and he signed an agreement to extend his probation in three other cases beyond the original periods, which allowed the trial court to legally revoke them after the original probation periods were over.

Robert Owen Luetke v. State of Indiana (NFP)
03A01-1202-CR-46
Criminal. Affirms convictions of Class C felony burglary and Class D felony theft.

Paul Sparks v. State of Indiana (NFP)
70A01-1204-CR-140
Criminal. Affirms sentence following guilty plea to Class C felony operating a motor vehicle while privileges are forfeited for life.

Matthew Thies v. State of Indiana (NFP)
15A01-1111-CR-553
Criminal. Affirms convictions of three counts of Class A felony child molesting and two counts of Class C felony child molesting.

Victor J. DiMaggio, III v. Elias Rosario and Mark Nebel (NFP)
64A04-1204-PL-169
Civil plenary. Affirms dismissal of DiMaggio’s amended complaint against Nebel.

Nathan Haas v. State of Indiana (NFP)
15A01-1203-CR-109
Criminal. Affirms revocation of probation and reinstatement of previously suspended sentence.

Paul Plummer v. State of Indiana (NFP)
49A05-1203-CR-106
Criminal. Reverses conviction of Class A misdemeanor invasion of privacy.

Nathan W. Golden v. State of Indiana (NFP)
05A02-1204-CR-345
Criminal. Affirms sentence for Class D felony theft.

Robert G. Bollman, Jr. v. State of Indiana (NFP)
20A03-1202-CR-100
Criminal. Affirms sentence following guilty plea to Class C felony escape.

Marvin Smith v. City of Richmond and City of Richmond Public Works (NFP)
89A01-1202-CT-45
Civil tort. Affirms grant of summary judgment in favor of the city of Richmond with respect to Smith’s tort claim.

Joy M. Graf v. Craig W. Graf (NFP)
64A03-1206-DR-265
Domestic relation. Reverses denial of Joy Graf’s motion to suspend the driver’s license of Craig Graf due to failure to pay child support. Remands for further proceedings.

State of Indiana v. Jamie Ray Scheckles (NFP)
10A01-1202-CR-71
Criminal. Reverses grant of Scheckles’ motion to enter work release and orders Scheckles return to the Department of Correction.

Michael Sopher v. State of Indiana (NFP)
70A01-1203-CR-133
Criminal. Affirms sentence following guilty plea to Class C felony child molesting.

Kevin D. Webster v. State of Indiana (NFP)
49A02-1201-PC-86
Post conviction. Affirms denial of petition for post-conviction relief.

Michael S. Scroggins v. State of Indiana (NFP)
39A01-1203-CR-91
Criminal. Affirms sentence following guilty plea to two counts of Class C felony reckless homicide and one count of Class C felony criminal recklessness.

Curtis Bacon, Jr. v. State of Indiana (NFP)
79A02-1112-CR-1163
Criminal. Affirms convictions and sentence for Class B felony aggravated battery; and Class C felonies criminal recklessness committed while armed with a deadly weapon, and carrying a handgun without a license; and the sentencing enhancement of unlawful use of a firearm.
 

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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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