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Opinions Sept. 7, 2010

September 7, 2010
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Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
David Hatter, et al. v. Pierce Manufacturing, Inc.
49A02-0907-CV-659
Civil. Affirms jury trial and verdict in favor of Pierce Manufacturing in the Hatters’ product liability action. Hatter failed to exhaust one of his peremptory challenges and has not shown both of his challenges for cause were improperly denied. The trial court did not abuse its discretion in the giving of jury instructions or in excluding evidence and did not err by denying Hatter’s partial motion for judgment on the evidence.

Rod L. Avery and Marshall K. Avery v. Trina R. Avery
49A05-1004-PL-320
Civil plenary. Affirms default judgment entered against Rod and Marshall Avery in a will contest initiated by Trina Avery. Holds that a will contest is a civil action and that a defendant in a will contest is required to file an answer or otherwise plead to a complaint as provided in the trial rules.

Jeff Koehlinger, et al. v. State Lottery Commission of Indiana
49A02-1003-CT-247
Civil tort. Affirms denial of summary judgment to the lottery on its claim that appellants had failed to exhaust their administrative remedies. Affirms summary judgment for the lottery on the appellants’ tort, Deceptive Consumer Sales Act, and quasi-contractual claims. Reverses summary judgment on the contract rescission claim and remands for trial on the issue of detrimental reliance. Judge Riley dissents in part.

Larry Rodts v. Heart City Automotive, Inc.
20A04-1004-CT-249
Civil tort. Affirms summary judgment for Heart City in Rodt’s breach of contract and wage payment claims. There are no genuine issues of material fact, Rodts’ oral contract is unenforceable, and his deferred compensation was not a wage.

Gregory Johnson v. State of Indiana
49A02-1003-CR-375
Criminal. Affirms conviction of Class C misdemeanor refusal to identify self. The state presented sufficient evidence to support the conviction.

Haneef S. Jackson-Bey v. State of Indiana (NFP)
45A03-1001-CR-36
Criminal. Affirms sentence following guilty plea to Class B felony burglary.

Umarex Sportwaffen GMBH, et al. v. Toyriffic, LLC d/b/a Hobbytron.com (NFP)
29A05-1001-PL-28
Civil plenary. Affirms order setting aside default on Umarex and other plaintiffs’ claim against Toyriffic for trademark infringement, trademark dilution, false advertising and trade dress infringement, unfair competition, conversion, forgery, counterfeiting, and deception.

Theodore Ebeyer v. State of Indiana (NFP)
41A05-0911-CR-674
Criminal. Affirms conviction of Class C felony possession of cocaine.

Mark Hendrickson, et al. v. Joseph Potetz, et al. (NFP)
87A01-1002-CT-111
Civil tort. Affirms summary judgment for Coinmach Holdings in a wrongful death complaint.

Phillip J. Camp v. State of Indiana (NFP)
29A02-1002-CR-210
Criminal. Affirms conviction of Class A misdemeanor resisting law enforcement.

Dewan D. Burnett v. State of Indiana (NFP)
45A03-1002-CR-61
Criminal. Affirms sentence following guilty plea to Class B felony dealing in cocaine.

John Chupp v. State of Indiana (NFP)
49A05-0912-PC-683
Post conviction. Affirms in part and reverses in part denial of petition for post-conviction relief. Remands to the post-conviction court the issue of Chupp’s robbery conviction and directs the court to enter judgment of conviction as a Class C felony and sentence accordingly.

James D. Schregardus v. OH Retail, LL, LLC (NFP)
49A05-1002-PL-156
Civil plenary. Dismisses Schregardus’ appeal for lack of subject matter jurisdiction. Declines to award damages under Appellate Rule 66(E).

Salaheddin A. Alfaqeer d/b/a Tobacco Zone v. LOR Corp. (NFP)
49A04-1003-CC-213
Civil collection. Reverses denial of Alfaqeer’s motion to set aside judgment. Remands for further proceedings.

Term. of Parent-Child Rel. of D.M.; A.M. v. I.D.C.S. and Child Advocates (NFP)
49A04-1001-JT-116
Juvenile. Affirms involuntary termination of parental rights.

Indiana Tax Court had posted no opinions at IL deadline.

The Indiana Supreme Court granted 3 transfers and denied transfer to 18 cases for the week ending Sept. 3.
 

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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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