Friday, December 22, 2023

drove 350 miles. spent $400. did xmas shopping. did some demo on the shed. swept the stairs took out the trash bj cleaned the toilet and helped unload 20 gallons of root beer concentrate. 20,000,000,000. 20 billion a year from tesla's megafactory 2 in china projected, less quantity discounts of up to 50%. that's revenue, not net profit. unclear to me where the batteries are coming from. suggested plans for friday dec 22. solstice was yesterday, from here the days get longer. it was a year ago we had the hard freeze and my pipes broke. I should call a plumber. plans for january. move into the church. casey situation. file at least an amicus, or the carroll county complaint. friday: x lunch at the club. $60 x scrap run, +25. load to dump. friday did list. demo. shed is down. paid $110, bought a burn barrel. oh! it rained, but i should go check on the burn barrel. did a midnight burn. it is now 7 30 am saturday, still dark. starting to get light a little. i'll go check on the burn barrel again, make sure the house hasn't burned down during the night. plans for january. move into the church. close on thursday. casey situation. letter, quitclaim, poa. draft only: Dear Mr. Foley, I attach a quitclaim deed and a limited power of attorney. These are documents we could have used a year ago. I tend to assume that there is no way left to reclaim any of the money, but i will try, if you sign, notarize, and return these to me or leave them where i can pick them up or whatever works. Quitclaim Deed: I, Casey Foley, assign to _Robbin G. Stewart_________ all my right title and interest, whether legal or equitable, to my property at 2102 N. Brookside, legal description to govern, in Center Township of Marion County Indiana. Parcel Number: Tax Sale Cert Number 49A1539 1096235 FOLEY, CASEY 2102 BROOKSIDE AV, INDIANAPOLIS POWELLS SUB E T FLET 1ST BROOKSIDE L5 BLK1 EX42.6FT NW END $1,005.84 $14,300.00 $15,305.84 662 In Re: [quiet title suit case number.] Signed Dated Witnessed (Optional) Notary Information: Limited Power Of Attorney: I, Casey Foley, appoint Robbin Stewart as my attorney in fact and special agent, only to the limited extent spelled out herein. Limits: Purpose and scope: This agreement authorizes the agent to conduct real estate transactions on any of Mr. Foley's property on 2102 N. Brookside Avenue in Center Township and is limited to Marion County Indiana. Re parcel number: 49A1539 1096235 FOLEY, CASEY 2102 BROOKSIDE AV, INDIANAPOLIS POWELLS SUB E T FLET 1ST BROOKSIDE L5 BLK1 EX42.6FT NW END $1,005.84 $14,300.00 $15,305.84 662 Time: This agreement expires 3/1/24 unless extended by both parties. This agreement ends if revoked in writing by either party. Option 3: Limited Representation agreement. This writing documents that I, Casey Foley, have retained Robbin Stewart, IN 14174-53, as my attorney at law for the limited purpose of conducting any real estate transactions or litigation in reference to my current or former real estate holdings on N Brookside Avenue in Center Township of Marion County Indiana. This agreement ends 1/1/2025, or sooner if accomplished sooner. Both parties agree Stewart is or was a real party in interest in the transaction, and that the potential conflict of interest created thereby, if any, has been waived. Stewart waives his customary hourly fee of $235, but retains the right to settle the proceeds, if any, based on the original investment ratios. I recognize the expected proceeds are zero. This document is self executing, and does not require a witness or notary. [Civil Cover Sheet needed for option 3 if deployed.] 1096235 Level Topography Pub. Utilities Street or Rd. Neighborhood High Low Rolling Swampy 2102 BROOKSIDE AV INDIANAPOLIS, IN 46218 Property Address Property Class 500 Alt Parcel 49-07-31-106-004.000-101 82-015-009-0 Feb 13, 2023 FOLEY, CASEY - Jan 01, 1900 Y 0.00 Straight Feb 13, 2023 MYLA A ELDRIDGE, MARION COUNTY AUDI - Jan 30, 2023 N 15305.84 Sale Mar 16, 2017 County Marion - Feb 03, 2017 N 350.00 Sale Mar 16, 2017 Auditor Marion County - Feb 03, 2017 N 350.00 Sale Mar 30, 2017 MARION COUNTY - Jan 01, 1900 Y 0.00 Straight Mar 30, 2017 DISON, LEX E & - Jan 01, 1900 (Ind. Code § 6-1.1-24-2)

Wednesday, December 20, 2023

Solstice/Date Thu, Dec 21, 2023, 10:27 PM

Monday, December 18, 2023

test. test 2. formatting is messed up on the blog.
https://www.berlinpackaging.com/tin-plated-steel-open-top-cans-with-end/ https://www.uline.com/Product/Detail/H-7928/Brute-Trash-Cans-and-Accessories/Uline-Trash-Can-Dolly
In the ordinary case it is all but dispositive to conclude 16 SORRELL v. IMS HEALTH INC. Opinion of the Court that a law is content-based and, in practice, viewpoint discriminatory. See R. A. V., 505 U. S., at 382 (“Content based regulations are presumptively invalid”); id., at 391– 392. The State argues that a different analysis applies here because, assuming §4631(d) burdens speech at all, it at most burdens only commercial speech. As in previous cases, however, the outcome is the same whether a special commercial speech inquiry or a stricter form of judicial scrutiny is applied. See, e.g., Greater New Orleans Broad casting Assn., Inc. v. United States, 527 U. S. 173, 184 (1999). For the same reason there is no need to determine whether all speech hampered by §4631(d) is commercial, as our cases have used that term. Cf. Board of Trustees of State Univ. of N. Y. v. Fox, 492 U. S. 469, 474 (1989) (discussing whether “pure speech and commercial speech” were inextricably intertwined, so that “the entirety must . . . be classified as noncommercial”). Under a commercial speech inquiry, it is the State’s burden to justify its content-based law as consistent with the First Amendment. Thompson v. Western States Medi cal Center, 535 U. S. 357, 373 (2002). To sustain the targeted, content-based burden §4631(d) imposes on pro tected expression, the State must show at least that the statute directly advances a substantial governmental in terest and that the measure is drawn to achieve that interest. See Fox, supra, at 480–481; Central Hudson Gas & Elec. Corp. v. Public Serv. Comm’n of N. Y., 447 U. S. 557, 566 (1980). There must be a “fit between the legisla ture’s ends and the means chosen to accomplish those ends.” Fox, supra, at 480 (internal quotation marks omit ted). As in other contexts, these standards ensure not only that the State’s interests are proportional to the result- ing burdens placed on speech but also that the law does not seek to suppress a disfavored message. See Turner Broadcasting, 512 U. S., at 662–663.
[–]gapernet 304 points 12 hours ago I was early in my cooking career when my chef asked me to make the Crew Meal. He walked me through what ingredients were available and suggested I make soup. I got flustered; I had never heard of a soup with those specific ingredients so I asked him a bunch of questions. He cut me off and said "look, it's fuckin soup. throw a bunch of shit in a pot and it's gonna be delicious. Just think about when to add what and everything else will take care of itself." Since then, thanks to his advice I have made hundreds of delightful soups and zero shitty soups. . . a b c [–]arbivark 1 point 4 minutes ago* tonight i have to go to a staff party at the county club where i dish. i have the little boxes to put a gift into, and some extra lentils, but i still need to print off "your grandmother's secret soup recipe". Now I have it. "look, it's fuckin soup. throw a bunch of shit in a pot and it's gonna be delicious. Just think about when to add what and everything else will take care of itself." - gapernet 2023. https://www.last.fm/music/MDC/_/Tofu+Spaghetti

Sunday, December 17, 2023

 

Male
Wilbur Joseph Ankeny

Birth 4 Nov 1855 Clinton County, Iowa Find all individuals with events at this location
Death 11 Feb 1941 Morgan County, Colorado Find all individuals with events at this location
Burial   
Marriage 30 Aug 1877 Carroll County, Illinois Find all individuals with events at this location
Other Spouse Mary Anne Ferguson | F28159 
Marriage 25 Oct 1899 Ringgold County, Iowa Find all individuals with events at this location
Father William Henry Ankeny | F28185 Group Sheet 
Mother Catherine Dorcas Estabrook | F28185 Group Sheet 
Female Anna Ellen Northrup Birth 29 Aug 1856 Pennsylvania Find all individuals with events at this location Death 20 Nov 1895 Nebraska Find all individuals with events at this location

Saturday, December 16, 2023

2023 income streams

tesla 20k

sss 638 x 12 = 6380 + 1276 = 7656 

150 x 50 = 7500 woodstock

1000 find stuff

estate n

class action $155

scrap 200

rents

study 900

plasma $1000


2023 income streams

tesla 20k

sss 638 x 12 = 6380 + 1276 = 7656       27656

150 x 50 = 7500 woodstock                    35156

1000 find stuff                                          36156


estate [300k]                                               [3]36156

class action $155                                          336301

scrap 200                                                       336501

rents

study 900                                                        337401

plasma $1000                                                  338401



Monday, December 11, 2023

 monday, i didn't get much done. 2nd day without weed, feels good. 

haircut $15.  gas $20. found a grocery.

sorted food on stairs.

$20 to jordan (not red haired jordan).

made plans for the three piles of trash. gonna put them in the van, take it to the transfer station. 

bath, cleaned the bathtub, took out trash.

sunday i took 3 bags of trash to work + worked 5 hours, exhausted. busy day at work with a christmas party.

plan for tuesday.

clean out van to get ready, find tarp.

or scrap run if get up early.

drop off laundry at 30th st.

read complaint. h + h

call lawyer chick


weds i 

today i:

took 4 loads of burned boards to the dump, which was my goal for the day. and also cleaned the van. took my hired guy to my favorite diner for lunch. got laundry together to wash tomorrow. washed 4 dishes. redacted. snaked the toilet.

yesterday i worked and splashed my eye with detergent so now my eye is red and swollen.

thursday:

1 load laundry.

3 bags trash. 1 load cardboard.

cleaned front yard some. found pineapples and buttermilk. got flat tire fixed. $50.

bought gas. 

 You can dispose of extra household trash, heavy trash, and bags of leaves at the Marion County Citizens’ Transfer Station.

The fee is $2 per carload, or $5 per SUV or pickup truckload (Cash Only). You can make up to two trips per day. Moving trucks, dual axles, trailers, haulers, stake-bed trucks, and truckloads larger than 3/4 ton are not permitted.

The transfer center is open on Saturdays from 8 a.m. to 4 p.m. It is located at 2324 S. Belmont Ave.

Saturday, December 09, 2023

 FORT LAUDERDALE FOOD NOT BOMBS, Nathan Pim, Jillian Pim, Haylee Becker, William Toole, Plaintiffs - Appellants, v. CITY OF FORT LAUDERDALE, Defendant - Appellee.

Jodi Siegel, Southern Legal Counsel, Inc., Gainesville, FL, Andrea Hope Costello, Florida Legal Services, Newberry, FL, Mara Shlackman, Law Offices of Mara Shlackman, PL, Fort Lauderdale, FL, for Plaintiffs-Appellants. Michael Thomas Burke, Johnson Anselmo Murdoch Burke Piper & Hochman, PA, Alain E. Boileau, Alain E. Boileau, PA, Fort Lauderdale, FL, for Defendant-Appellee.


draft only:
congratulations on being awarded legal fees in the food not bombs case. i live in indianapolis and have been a fnb volunteer for 15 years off and on. i may be starting an fnb type feeding program in terre haute IN

it would be great to have experienced counsel involved at an early stage, to avoid or reduce problems,

if this might interest any of you.

Cordially, Robbin Stewart.

Thursday, December 07, 2023

 With this case, we recognize that both the First Amendment to the United States Constitution and Article II, Section 10 of the Colorado Constitution protect an individual's fundamental right to purchase books anonymously, free from governmental interference. 

tattered cover v thornton.

Like freedom of speech and a free press, the right of peaceable assembly was considered by the Framers of our Constitution to lie at the foundation of a government

Page 361 U. S. 523

based upon the consent of an informed citizenry -- a government dedicated to the establishment of justice and the preservation of liberty. U.S.Const., Amend. I. And it is now beyond dispute that freedom of association for the purpose of advancing ideas and airing grievances is protected by the Due Process Clause of the Fourteenth Amendment from invasion by the States. De Jonge v. Oregon, 299 U. S. 353299 U. S. 364NAACP v. Alabama, 357 U. S. 449357 U. S. 460.

bates v little rock,


Due process requires that a criminal statute provide adequate notice to a person of ordinary intelligence that his contemplated conduct is illegal, for "no man shall be held criminally responsible for conduct which he could not reasonably understand to be proscribed." United States v. Harriss, 347 U. S. 612, 617 (1954). See also Papachristou v. City of Jacksonville, 405 U. S. 156 (1972). Where First Amendment rights are involved, an even "greater degree of specificity" is required. Smith v. Goguen, 415 U. S., at 573. See Grayned v. City of Rockford, 408 U. S. 104, 109 (1972); Kunz v. New York, 340 U. S. 290 (1951).

valeo.

We agree with the holdings of the District Court and the Court of Appeals on the due process doctrine of vagueness. The settled principles of that doctrine require no extensive restatement here.[7] The doctrine incorporates notions of fair notice or warning.[8] Moreover, it requires *573 legislatures to set reasonably clear guidelines for law enforcement officials and triers of fact in order to prevent "arbitrary and discriminatory enforcement."[9] Where a statute's literal scope, unaided by a narrowing state court interpretation, is capable of reaching expression sheltered by the First Amendment, the doctrine demands a greater degree of specificity than in other contexts.[10] The statutory language at issue here, "publicly . . . treats contemptuously the flag of the United States . . . ," has such scope, e. g., Street v. New York, 394 U.S. 576 (1969) (verbal flag contempt), and at the relevant time was without the benefit of judicial clarification.[11]

a smith case!

Tuesday, December 05, 2023

 

Remarks
12,207 sq foot all brick building on Redacted Ave! This church has great bones, wonderful character in its woodwork and stained glass windows throughout. Move right in and make this your church home or with a little vision it is an open canvas to repurpose this building to fit your wants or needs. Could be apartments, an entertainment venue, storage, etc. There are two restrooms on each level, basement kitchen and a working M.P. Moller organ. High traffic area and hard to beat at this price per sq ft!

Property History for 2200 WABASH AVE

DateSourceDetailsPrice
07/16/2014Public RecordSold$154,485

Monday, December 04, 2023

 

Brian Majors v. Marsha Abell, 361 F.3d 349 (7th Cir. 2004)

This opinion cites 27 opinions.


I. Article I, § 9 of the Indiana Constitution

First, Ogden asserts that the IDOI defendants violated his right to free speech guaranteed by  Article I, section 9 of the Indiana Constitution. Art. I, § 9 specifies that “[n]o law shall be passed, restraining the free interchange of thought and opinion, or restricting the right to speak, write, or print, freely, on any subject whatever: but for abuse of that right, every person shall be responsible.” The IDOI defendants suggest that our standard of review of this issue should mirror the standard of review used to address violations of the First Amendment of the United States Constitution, as both relate to the protection of free speech. However, as we determined in Lach v. Lake County, 621 N.E.2d 357, 358 (Ind.Ct.App.1993), trans. denied, which the IDOI defendants cite in support of their argument, “the Indiana Constitution more jealously protects freedom of speech guarantees than does the United States Constitution.”

Article 1, Section 9 of the Indiana Constitution provides: "No law shall be passed, restraining the free interchange of thought and opinion, or restricting the right to speak, write, or print, freely, on any subject whatever: but for the abuse of that right, every person shall be responsible." The right of free speech protected in Section 9 is "expressly qualified by the phrase `but for the abuse of that right, every person shall be responsible.'" J.D. v. State, 859 N.E.2d 341, 344 (Ind.2007).

Johnson v. State, 719 NE 2d 445 - Ind: Court of Appeals 1999

 Shoultz v. State, 735 N.E.2d 818, 825 (Ind.Ct.App.2000), trans. denied

JOHNSON v. STATE (2001)  https://caselaw.findlaw.com/court/in-court-of-appeals/1194142.html

several of these section 9 cases were new to me.






Based on this premise, Indiana courts have employed a two-step analysis when addressing Art. I, § 9 claims. Blackman v. State, 868 N.E.2d 579, 584 (Ind.Ct.App.2007), trans. denied. First, we must determine whether the state action has restricted a claimant's expressive activity. Id. at 584–85. Second, if it has, we must decide whether the claimant's restricted activity constituted an “abuse” of the right to speak. Id. at 585

However, if the expressive activity is political in nature, the State must demonstrate that it did not materially burden the claimant's opportunity to engage in political expression. Blackman, 868 N.E.2d at 585. “Expressive activity is political ... if its point is to comment on government action, whether applauding an old policy or proposing a new one, or opposing a candidate for office or criticizing the conduct of an official acting under the color of law.” 

In contrast, where an individual's expression focuses on the conduct of a private party—including the speaker himself or herself—it is not political.

Whittington, 669 N.E.2d at 1370. In contrast, where an individual's expression focuses on the conduct of a private party—including the speaker himself or herself—it is not political. Id. If the expression, viewed in context, is ambiguous, a reviewing court should find that the claimant has not established that it was political and should evaluate the constitutionality of any state-imposed restriction of the expression under a rationality review. Id.

Once a claimant succeeds in demonstrating that his or her expression was political, the State may demonstrate that its action did not impose a material burden on the expression if either the “magnitude of the impairment” was slight or the expression threatened to inflict “particularized harm” analogous to tortious injury on readily identifiable private interests. See id.

Because Ogden's speech was addressed to the State rather than a private individual and commented on the State actor's actions, we conclude that his speech was political.

ogden v  in ct app 2013