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SCOTUS rejects two Indiana cases

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The Supreme Court of the United States has declined to get involved in two appeals out of Indiana, upholding federal or state rulings on both cases.

At its private conference on Friday, the nation’s highest court discussed and granted certiorari to six cases from across the country, but none from Indiana. A 16-page order list issued by the court today includes two Indiana cases – one prisoner habeas corpus request from the 7th Circuit Court of Appeals and one LaPorte County murder case that went as high as the Indiana Court of Appeals.

Justices denied the 7th Circuit case of Courtney C. Dixie v. Bill K. Wilson, Superintendent of the Indiana State Prison, No. 10-5846. The request filed in August stems from a May decision by a three-judge appellate panel that denied the man’s petition for habeas corpus and an application for a certificate of appealability, which found no substantial showing of constitutional rights violations. U.S. Judge Theresa Springmann in the Northern District of Indiana had denied his request for a certificate of appealability earlier in the year, after denying Dixie’s habeas corpus petition late last year in Dixie v. Wilson, No. 3:07-CV-31. This federal litigation stemmed from Dixie’s Allen County murder convictions and 95-year sentence that the state Supreme Court upheld 10 years ago.

A second case included on the SCOTUS order list is Jack Jervis v. Indiana, No. 10-5854, which arises out of the LaPorte Superior Court. In November 2009, the state’s second-highest appellate court upheld a trial court’s denial of post-conviction relief based on ineffective assistance claims relating to his 2001 murder conviction. The Indiana Supreme Court in April denied transfer, but the decision was 3-2 with Justices Frank Sullivan and Theodore Boehm voting to grant transfer. Attorneys filed a writ of certiorari with the SCOTUS in July, and the justices have now denied that request.
 

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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

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