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SCOTUS denies one Indiana case, sidesteps others for now

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The Supreme Court of the United States denied one prisoner lawsuit from Indiana today, while not saying whether it will address another case from this state on judicial speech. No decision was made on a third Hoosier case it heard arguments on more than a month ago addressing vehicular flight.

The Indiana case the court denied certiorari on – the pro se prisoner civil rights suit of Larry B. Benge v. Edwin G. Buss, No. 10-3332 – comes from the 7th Circuit Court of Appeals and Southern District of Indiana.

In September, the Pendleton Correctional Facility inmate sued on allegations that his segregation in prison prohibited him from visiting the law library, access he needed to prepare for a separate action on habeas corpus relief. Citing caselaw that states there is no free-standing right to a law library or legal assistance in prison, Judge Tanya Walton Pratt found no evidence of prejudice and denied the case.

Benge appealed to the 7th Circuit in October and the appellate court dismissed the appeal because of the prisoner’s failure to pay the required docketing fee. He filed notice late last year of his intent to file a certiorari petition with the SCOTUS. The high court's denial puts an end to the case. The prisoner’s separate habeas petition action was dismissed against him at the end of February.

Issuing a 34-page order list today following its private conference late last week, the SCOTUS didn’t grant or deny certiorari on a case it was expected to address – Torrey Bauer v. Randall T. Shepard, No. 10-425, which asks whether Indiana’s judicial canons can restrict certain speech and activities of judges and judicial candidates. The court docket reflects the case was distributed for the justices to consider on Friday, although they’re not obligated to follow any timetable for a decision. U.S. Judge Theresa Springmann dismissed the case and upheld the canons, and the 7th Circuit last summer ruled the state canons aren’t unconstitutionally restrictive of free speech and should stand.

While the SCOTUS has no timetable on when it must rule on a case, justices could at any time issue a decision in the Indiana case of Marcus Sykes v. United States, No. 09-11311. It heard arguments on Jan. 12 on the case that involves a question of whether vehicular fleeing from police is considered a “violent felony” warranting enhanced sentences under federal law.

Dozens of pending cases and requests were included on the SCOTUS order list today, including one Kentucky suit asking the court to reconsider a 2005 ruling addressing whether Ten Commandment displays should be allowed on government property. The justices declined to accept the case of McCreary County, Kentucky v. ACLU of Kentucky, No. 10-566.

Aside from those issues, the court issued two opinions today in Bruesewitz v. Wyeth, No. 09-152, and CSX Transportation Inc. v. Alabama Department of Revenue, No. 09-520. In the Bruesewitz case, the court by a 6-2 vote held that a 1986 federal law prevents lawsuits by parents who claim that a drug maker should have sold a safer formulation of a vaccine that some say causes autism in children. The court in CSX Transportation voted 7-2 that the railroad company can challenge an Alabama tax of 4 percent on its purchase of diesel fuel.

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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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