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stuart showalter

Stuart showalter's Blog (118)

Police Perjury - Duane Lewellen, Colfax Indiana

To be a duly authorized police officer requires taking an oath or swearing to uphold the Constitution and the laws of the state and local jurisdiction in which one is to serve.

In his paper on the oath of office Richard W. DeShon of the St. Clair County Sheriff’s Department wrote, "Is this oath a superficial statement made by our police officers without any understanding of what they are swearing to? Do they really know what the oath requires of them? I think most p

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Added by stuart showalter on November 26, 2009 at 11:10pm — 11 Comments

Indiana General Assembly Organization Day - Six child friendly bills

It what seems to almost be a secretive event because of lack of web presence about it members of the Indiana General Assembly gathered at the Indiana State House Tuesday for Organization Day.

This day is mostly ceremonial with members meeting in caucus then their respective chambers. Larger groups of students pour through the halls and various other ceremonial events take place. House Minority Leader Brian Bosma of Indianapolis says House Republicans' first priorit

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Added by stuart showalter on November 18, 2009 at 12:36pm — No Comments

Ensuring Father's right to challenge adoption petition

In June of this year the Indiana Supreme Court issued its opinion In re Adoption of Unborn Child of B.W. in which a father had filed a paternity action to challenge the mother's intent to place the unborn child for adoption. Unfortunately, discrepancies in the language of the Indiana statutes relating to adoption and paternity proceedings led the court to believe that the

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Added by stuart showalter on November 13, 2009 at 9:49am — No Comments

Why an attorney should know caselaw and be able to do math

One of the Indiana Custodial Rights Advocates activists, Don Chavis, was recently hailed into court on a "Petition for Contempt" filed by what I have throughout the proceedings referred to as one of Indiana's most incompetent attorneys. Her name is Jennifer A Bonesteel [#27520-49] who I affectionately refer to as "Bone-a-head". She represents the Respondent, Clarra Chavis, in this matter.

I have appeared in Marion County Superior Court IV twice now in anticipation of

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Added by stuart showalter on November 4, 2009 at 9:02pm — No Comments

Indiana Legislative Advisory Committee recommends joint legal child custody

The final meeting of 2009 for the Indiana Child Custody and Support Advisory Committee of the Indiana General Assembly got underway shortly after 10:00am and last until about 12:30. Previous meetings were held on 25 September, 02 October and 16 October. By statute the Committee is limited to meeting four times during the session.

The Committee passed two preliminary drafts after amending one. One involves great-grandparent visitation and the other seeks to modify Ind

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Added by stuart showalter on October 31, 2009 at 5:06pm — 10 Comments

Council member restrained by police during meeting while challenging citizen to step outside for a fight

The Thorntown Council Meeting held Monday 26 October 2009 didn't take long to turn to mayhem. About 30 members of the community, four police officers, four council members and administrative staff were in attendance.

The meeting opened with an announcement that former Town Attorney Carlyle Gerde had died and his partner Mary Russell would take over at least until the end of the year. Council member Eric Smith submitted notice that he will not be available for the ne

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Added by stuart showalter on October 27, 2009 at 10:00am — No Comments

Judge Rebecca McClure admits complicity in covering-up child sexual abuse

In July 2006 I first publicly displayed knowledge of a child sex ring operating in Boone County Indiana which involved a Western Boone High School [WEBO] administrator, the Thorntown Police Department, The Indiana United Methodists Children's Home [IUMCH], Boone County Prosecutors and a Judge among others. Thorntown Council President Gary Jones became very agitated upon learning of this. Jones immediately hired Lafayette Indiana attorney Carlyle Gerde, recently deceased, to su

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Added by stuart showalter on October 24, 2009 at 9:22pm — No Comments

Judge McClure concedes but doesn't step down . . . YET

In a protracted and on-going battle, Boone Superior Court II Judge Rebecca McClure has sought to prevent the public from accessing public records of the Court and a local town. Much of it has to do with her relationship to Boone County Prosecutor Todd Meyer and former Thorntown Attorney Carlyle Gerde who is now deceased.

Now a lawsuit is being prepared against McClure for defamation, a Verified Motion to Seal the defamatory document produced by her has been filed, an

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Added by stuart showalter on October 22, 2009 at 9:14pm — 4 Comments

Hendricks Circuit Judge Jeffrey Boles Contempt of Law

Our Founding Fathers sought to avoid the tyranny of a despot be it one who sat in the executive or the judicial branch. In reality, a despot often sat as both.

Hendricks County in central Indiana has had it's own despot for many years. Judge Jeffrey Boles of the Hendricks Circuit Court is that despot. Boles has brought dishonour to the bench through intimidation of lawyers, politicians and litigants but does not intimidate this writer. On 05 February 1990 the Indian

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Added by stuart showalter on October 18, 2009 at 10:47pm — No Comments

Amending Indiana's Parenting Time Guidelines, Paternity Affidavit and more

I attended the Indiana General Assembly's Child Custody and Support Advisory Committee [CCSAC] meeting today and then went to the Domestic Relations Committee [DRC] meeting, already in progress, at the Indiana Judicial Center.

At the CCSAC meeting I met Mr and Mrs Meadows of Bedford, Indiana who spoke in favour of a great-grandparent visitation statute. They have been estranged from their two great-granddaughters because of the husband of their granddaughter. There i

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Added by stuart showalter on October 17, 2009 at 5:25pm — No Comments

This side Up?

Well the idiocy of our commercial enterprises has set me off again because I saw a movie last night that was formatted to fit my screen even though I had no intention of that. As human beings we marvel at and praise ourselves for all of our scientific advances. We can create health problems and then come up with a treatment almost as quickly. We can create warehouses full of useless data and thumbdrives to store it on. We can watch movies in a digital format on a disc which we

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Added by stuart showalter on October 15, 2009 at 11:52am — No Comments

Indiana Child Support Amendments - Pt V

This is my fifth posting in a series that I am doing on the Amendments to the Indiana Child Support Guidelines that will take effect 01 January 2010. In part IV I described the effects of parenting time credits and retroactive modifications on the overall support issues.

In this section I will show the changes made to and detail the - V - Application of Social Security payments The first thing to note is that the entire portion of the Guidelines that previously rel

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Added by stuart showalter on October 11, 2009 at 3:00pm — No Comments

When using Facebook can lead to prison

Sometimes I just have to take a break from the long hours of reading cases and analyzing them to just find something funny to do. Today I found it. I have written about social networking sites in the past but never in this context.

I am a daily user of Facebook. I network with people around the world and keep up-to-date on the news there. I post my bla

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Added by stuart showalter on October 7, 2009 at 10:39am — 1 Comment

Indiana Child Support Guidelines Amendments - Part IV, Parenting Time Credit

This is my fourth posting in a series that I am doing on the Amendments to the Indiana Child Support Guidelines that will take effect 01 January 2010. Part III briefly described the definition of weekly gross income, adjustments and minimum support. Part IV details the following;

Part IV - Changes applicable to Parenting Time A. Parenting Time Credit B. Equal parenting time C. Retroactive modification A. Parenting Time Credit It never seemed appropriate that

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Added by stuart showalter on October 4, 2009 at 10:00am — No Comments

Indiana to research alternatives to incarceration for non-payment of child support

The second session of the Indiana General Assembly Advisory Committee of Child Support and Child Custody met in Room 233 at the State House on Friday 02 October 2009. There was not a quorum of the committee present because of prior obligations of some members but no vote on any issue had been planned.

The recently adopted amendments to the Indiana Child Support Guidelines and execution of paternity affidavits were on the agenda. Jeffrey Bercovitz, director of Juvenil

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Added by stuart showalter on October 2, 2009 at 9:39pm — No Comments

IN CS Amendments - Pt III

This is my third posting in a series that I am doing on the Amendments to the Indiana Child Support Guidelines that will take effect 01 January 2010. Part II covered the issue of the dissent of opinion in this cause which demonstrated the bias that remains in some of our Supreme Court justices.

III - Changes in computing support Definition of weekly gross income Imputed income Adjustment to weekly gross income Minimum support Haase v. Roehrscheid, 6 Ind. 66, 68 (185

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Added by stuart showalter on September 28, 2009 at 6:45pm — 2 Comments

Indiana Judge Unlawfully Closes Court to the Public

Upon the retirement of former Boone Superior Court II Judge James Detamore in 2005 Indiana Governor Mitch Daniels appointed former Boone County Prosecutor Rebecca McClure to take that position on 01 January 2006. McClure has since been elected to a six year term while running unopposed.

Indiana has no test for judges. There is a requirement that a candidate for judge must have a law degree and have passed the BAR examination. When a judge makes what can be no less th

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Added by stuart showalter on September 22, 2009 at 2:56pm — No Comments

Indiana Child Support Payment Guidelines Amended - Part II

This is my second posting in a series that I am doing on the Amendments to the Indiana Child Support Guidelines that will take effect 01 January 2010. Part I briefly described some of the main points of the amendments and the process used to achieve those.

After more studying of the 20+ pages of new material I have decided to separate this into seven categories which I will post on individually. Some of these will take considerable study but I do want to be thorough.

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Added by stuart showalter on September 19, 2009 at 11:48pm — No Comments

Indiana Child Support Payment Guidelines Amended

On 15 September 2009 the Indiana Supreme Court published the amendments to the Indiana Child Support Guidelines. These Amendments will take effect 01 January 2010.

The Court through the Domestic Relations Committee has undertaken a multi-year assessment of the Guidelines which included input from CPS, the Child Support Bureau and public input and h

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Added by stuart showalter on September 17, 2009 at 10:11pm — No Comments

Can attorneys be punished for misconduct?

What do you call a cruise ship full of attorneys at the bottom of the sea? . . . A good start! There is a reason for the degrading and lethal jokes about attorneys. For those people who have been involved with them it is not uncommon to have a disagreement or to feel that you have been wronged by an attorney. Most disputes are over billing. The agency responsible for enforcing the rules for attorneys is the Disciplinary Commission of the Indiana Supreme Court.

Attor

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Added by stuart showalter on September 16, 2009 at 10:30am — 2 Comments

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