Thursday:
did:
tuneup $45.
phone bill.
washed blanket.
I thought I'd get more done today!!!
tried to call airlines

Thursday task list:
call mom
indiana v stewart draft and print, Done.
public access coordinator. -
taylor v taylor draft
palmer v marion - notice of change of county clerk, amanda bowling.
CCA - draft discovery
takings cases - 200 tipton, 227 n temple, other.
truck.
dylan tutor email.

To do list:
Hawaii ticket
[call mom]
Missouri AG $600.
pay insurance
get cell phone battery
cable co clipboard - done
recycling - done
clean car - done
talk to greg re car and truck
get plates for truck
senator lugar - emailed.
wrtv 6.
- find address of lawyer in files.
caudill letter re fee dispute.
texas taxes complaint
contact Gerry Spence's outfit.
review jailblog.
write to ohio clu re cca.
scholarship request re cle.
draft leter re citybank visa.
experian letter
get answering machine
make better list
janna skelton re lonnie file
write to dish network re where did they get my address

Friday: call Don Dowling, 314 241-5620 x 2006 re palmer v marion.


Thursday:
did:
tuneup $45.
phone bill.
washed blanket.
I thought I'd get more done today!!!

Thursday task list:
call mom
indiana v stewart draft and print, public access coordinator.
taylor v taylor draft
palmer v marion -
-----
caption.

Notice re Identify of Parties.

Comes now Plaintiff by counsel, to provide notice to the Court, of the following.

1) In the election held November 7th, Beth White was elected Marion County County Clerk. When she takes office, she automatically becomes a party, in her official capacity as Clerk. The current Clerk, Doris Anne Sadler, remains a party in her personal capacity.

2) Jane Doe #1, the election offical in charge of Plaintiff's precinct, has identified herself as Amanda Bowling.

Respectfully submitted,


Robbin Stewart
@ cert stuff.

notice of change of county clerk, amanda bowling.
CCA - draft discovery
-----------




takings cases - 200 tipton, 227 n temple, other.
truck.
dylan tutor email.

To do list:
Hawaii ticket
[call mom]
Missouri AG $600.
pay insurance
get cell phone battery
cable co clipboard
X recycling
clean car
talk to greg re car and truck
get plates for truck
senator lugar
Office of the Honorable Richard Lugar
Senator from Indiana.
INDIANAPOLIS
1180 Market Tower
10 West Market Street
Indianapolis, Indiana 46204
(317) 226-5555
senator_lugar@lugar.senate.gov

Request for constitutent services.

I am having a problem with the IRS.
During 2000 and 2001, I had a net loss of thousands of dollars from stock trading.
Since I had lost money, I didn't think I had income, and did not file income taxes.
The IRS claimed that any money I handled those years was income to me, and assessed $200,000 in taxes interest and penalties. I have, since then, been disabled and relatively indigent, and haven't been able to hire accountants or tax negotiation companies. I was diagnosed with major depression at Wishard in 2001 after a nervous breakdown.
As time went on, the IRS became more vigorous in their false assertions, and started seizing any of my assets they could find, and harrasing me, my elderly mother, and my roommates. Working with the Taxpayer Advocates office and H&R Block, I've been able to put together a rough outline of my tax sitaution, which showed an on-paper gain of about $40,000 during 2000, which was wiped out by losses of at least $50,000 in 2001.
If the $40,000 figure is correct, I have a tax liability of about $6,000, plus interest, which is reasonable. What remains in dispute,that I could use your help with, is that I expect that the IRS will continue to try to assess penalties,and I object to paying penalties.
I suspect, but cannot prove, that if I spent $6,000 or more to hire accountants and lawyers, that I would be able to show I didn't actually have much or any taxable income in 2000. I may or may not be right about this.
It is certainly the case that imposition of penalties would work an extreme hardship on me. I am unemployed. I am currently trying to sell my house so that I have something to live on. I do not have or want disablity payments, food stamps, or anything of that nature - I simply want to be left alone.

In the 12 years I've lived in Indiana, I've never written this office for anything.
But when the government starts hassling my mother, that went too far,and I figured it was time to write to you.

Sincerely,
Robbin Stewart
POB 164, Cumberland IN 46229-0164.



wrtv 6.
- find address of lawyer in files.
letter re detective - find and print and mail.
caudill letter re fee dispute.
texas taxes complaint - mailed myself copy of form
http://www.texasbar.com/

contact Gerry Spence's outfit.
review jailblog.
write to ohio clu re cca. ray vasvari http://www.acluohio.org/
Max Wohl Civil Liberties Center
4506 Chester Avenue
Cleveland, OH 44103
(216) 472-2200 | Fax: (216) 472-2210
contact@acluohio.or


scholarship request re cle.
draft letter re citybank visa.

To: Choice Visa
CC: Alliance One
1160 Centre Pointe Dr Suite 1
Mendotoa heights MN 55120

I have recently received a bill from you for over $2000. This is the first I have heard from you in several years, until I got a call from a collections agency about a month ago.
To the best of my recollection, I do not owe you money. Circa 2002, I had a balance of maybe $1700, which I paid in full by check, perhaps in 2003. Since I didn't owe you money, it made sense to me that you stopped sending me bills,and I noticed you did not send a new card when my old card expired.
I have called your office and they will be sending me statements for the past several years. Maybe we can figure out what happened.
I can point to several possibiliites.
I have been having a problem with identify theft. Someone opened a chase account in my name. This could be related.
A different problem I've bene having is with mail delievery to my residence at 227 N Temple. Several times the post office has decided that I don't live there any more and starts sending my mail back as undeliverable. I have repeatedly written them asking them to stop that. I currently get all my mail at my post office box.
Is it possible that you've been forgetting to send me statements for the past 4 years?
Anyway, be assured I will pay anything I actually owe, but will not pay anything I don't owe.
I look forward to working with you to get this sorted out.
Sincerely,
Robbin Stewart














experian letter
Need address. see email.

Thank you for correcting 9 incorrect entries on my credit report.
I still have a few questions and concerns.
I am unclear why you label my residences as "military."
As to my Bank One account, it is unsatisfactory for you to merely list it as "sold to someone else"
The bank one charge was the result of identity theft, and is being investigated by Detective Miller of the Indianapolis Police Department, and is not a debt that I owe. Please correct your records.
As to the IRS lien, I enclose a release of lien form from the IRS.







get answering machine
make better list
janna skelton re lonnie file
Dear Ms. Skelton,
Thank you and congratulations for Lonnie Hall's conviction and sentence.
Please send me a copy of his case file, to
Robbin Stewart
POB 164 Cumberland IN 46229-0164
I am willing to pay reasonable copying and postage charges, but cannot afford the $1/per page the court would charge me.
I want to bring to your attention that Lonnie's step-brother, Tristin, was one of my assailants, and remains at large.
It is my understanding that the statute of limitations for certain of the major felonies is 5 years, so he could still be charged.
I have no response from detective miller who this case was assigned to, after I left him a message. I've never been able to reach him by phone. Lonnie,and Tristin, know who the other 3 people involved were.

Sincerely,
Robbin Stewart.
@ add report numbers.




write to dish network re where did they get my address

Friday: call Don Dowling, 314 241-5620 x 2006 re palmer v marion.

to do:
tuesday:
X dentist
X check court records
X wash dishes
X clean car (semi)
X sort paper stacks (semi)
--
this week:
cases:
protective order - look up which court, civil 3. draft response if needed.
sign case - taylor v taylor - get something ready to file.
notice of change of county clerk
status report.
palmer v marion - look for who entered amici in the indiana case.x add missouri attorneys as contacts. provide notice of the john doe. look into provisional votes not counted.
CCA - draft discovery. draft response to rulings.
takings case - can i find the notice of my land being taken?

other stuff:
habitat
city bank visa
problem with taxes re 227. draft letter to board or county tax assessors.
make copies of tax docs.
work on filing things better.
make better list.
X oil change. tuneup.
pick up pickuptruck.
get plates.
pay insurance.
write to credit union?
call mom.
buy hawaii ticket.

--
did today:
sorted out 1000 lighters.
did my taxes for three years.
otherwise not much: watched movies instead of looking up court records.
hung up some laundry.

Citi Visa notes.
called about a month ago by some guy. told him I didn't know about it, he should mail me.
recieved a bill, picked it up two days ago.
called by some
abby alliance 1
1-888-380-3811
1160 centre point drive
mendota heights MN 55120

called citibank at 1-888-891-2873
closed for holiday
called citi at 1-866-535-9491
"We're hear for you and we can help" is what their mailing says.
they werent there for me and refused to help.
operator refused to note my dispute, refused to allow me to talk to supervisor 6 times, then i got thru,
she made a note of my call but was obstinate and unhelpful.
no time now to follow up.

Indiana’s Identity Theft Victim Kit
This kit is designed to help you through the process of resolving your identity theft case and clearing
your name. While there are many general identity theft resource guides available, this kit was
specifically developed to provide assistance to Hoosiers who have been the victim of identity theft,
as well as individuals in other states who had their personal information fraudulently used in the state
of Indiana.
Repairing your identity can be a lengthy and confusing process. As you contact creditors, financial
institutions and law enforcement, it is important that you keep track of the actions you take. You may
want to use this course of action form to help you retain a record of your progress.
When your identity is stolen, it can be misused in a variety of different ways. As soon as you become
aware that your information has been stolen or used by someone other than yourself, there are several
basic steps you should take.
Equifax
P.O. Box 740241
Atlanta, GA 30374-0241
To order your report: 1-800-685-1111
To report fraud: 1-800-525-6285
TDD: 800-255-0056
TransUnion
Fraud Victim Assistance
P.O. Box 6790
Fullerton, CA 92634-6790
Email: fvad@transunion.com
To order your report: 1-800-888-4213
To report fraud: 1-800-680-7289
TDD: 877-553-7803
Experian
P.O. Box 9532
Allen, TX 75013
To order your report: 1-888-EXPERIAN (397-3742)
To report fraud: 1-888-EXPERIAN (397-3742)
TDD: 800-972-0322
File a complaint with the FTC’s Identity Theft Clearinghouse
The Federal Trade Commission Clearinghouse is the federal government’s repository for ID theft
complaints. Complaint information is entered into a central database, the Consumer Sentinel, which is
accessed by many local and state law enforcement agencies in Indiana, as well as Indiana’s Attorney
General, for identity theft investigations. Call the toll-free hotline at 1-877-IDTHEFT or complete an
online complaint form.
Step 2
Contact the fraud department of each of your creditors:
q Gather the contact information for each of your credit accounts (credit cards, utilities, cable
bills, etc.) and call the fraud department for each creditor.
q Report the incident to each creditor, even if your account at that institution has not been
tampered with. Close the accounts that you believe have been compromised. Ask the credit
bureaus to place an “alert” on any accounts that remain open.
q Follow-up your phone calls in writing immediately. The Federal Trade Commission provides an
Identity Theft Affidavit, a standardized form used to report new accounts fraudulently opened
in your name. Check with the company to see if they accept this form. If not, request that they
send you their fraud dispute form.
q Confirm all conversations in writing. Follow behind your phone call with a letter and any
necessary documentation to support your claim.
q Read “Take Charge: Fighting Back Against Identity Theft.” This brochure contains sample
dispute letters to help get you started as well as more information on resolving credit problems.

# Where is the defendant located in prison?
A victim should always contact the Indiana Department of Correction Victim/Witness Services at 317-232-1756 or 800-447-5604 for the defendant’s location.


# How can I file for violent crime compensation funds?
The crime must have taken place in Indiana and been reported to the police within 48 hours. Victims or survivors must have been cooperative in the investigation and prosecution of the crime, have out-of-pocket expenses of a least $100 and an application for benefits must have been filed with the Violent Crime Compensation Office no later than 180 days for sex crimes and two (2) years for all other violent crime. Local county victim advocates should have the necessary applications. Also, the advocate will assist victims in completing and filing the application. If there is no advocate in your county, contact the Violent Crime Compensation Office at 317-232-7103 or 800-353-1484 (this service is provided for victims only).

In Cantrell, the Indiana Supreme Court received a certified question as to whether a
a private right of action exists under Section 9.
see generally Randall T. Shepard, Is Making State Constitutional
Good Idea or a Bad Idea?, 38 Val. U. L. Rev. 327 (2004).
The court held,
In summary, we expressly decline to address whether termination of a public employee may give rise to a violation of the Indiana Constitution. If a violation of Section 9 can supply the invasion of a right necessary for a wrongful discharge claim, the civil damages remedy against the government for a wrongful discharge is limited by the ITCA, and the individual official is entitled to immunity and indemnity to the extent provided by the ITCA.


Does a private right of action for damages exist under Article I, Section 9 of the Indiana Constitution, and if so, what are the elements of the action the plaintiff must prove?

Shepard, C.J., and Dickson, Sullivan, and Rucker, JJ., concur.

Determination of rights under the Indiana Constitution
may involve “the language of the text in the context of the history surrounding its drafting and ratification, the purpose and structure of our constitution, and case law interpreting the specific provisions.” Boehm v. Town of St. John, 675 N.E.2d 318, 321 (Ind. 1996), Cantrell.

The Court found that Section 12 and Section 9 together, in the facts of that case,
do support a Bivens type private right of action.

My case presents an opportunity to test that theory, as to section 9, section 31, and section 11, in light of section 12.

The court found such torts to arise out of the common law tort of a breach of duty, and as such could be regulated by the legislature, such as the ITCA, which prohibits punitive damages and raises other obstacles to recovery.
The court found that state officals have qualified immunity comparable to that of Harlow v Fitzgerald, for claims of violation of state constitutional rights.

The case leaves a lot undecided, and is open to criticism, bbut it's a big step in the wrong direction.

To do: review procedures under ITCA.

Daily task list thursday
X 0) look for kole sign tonight
X 1) get up early go to cle
2) taxes to tax office
1/2X 3) call eli lilly

ups
kelly
other

need to clean up 227, check w joell re house contract,
parking tickets
public records lawsuit
- document problem, request PAC informal ruling.

new to do's:
representation agreement for joell
memo re doug page
memo re habitat.
checklist of client communication agenda issues.
to do:
follow up on letters to grant county clerk
status report to both courts in palmer v marion
letter to Bayh re poll tax.
larry rueben

daily task list for friday:
IRS thing - building was closed.
status report? check on case action if any, with both clerks. building was closed.
appeals court has ruled in error.
apply for cle scolarship.
letter to Beth White.

Daily task list thursday
0) look for kole sign tonight
1) get up early go to cle
2) taxes to tax office
3) call eli lilly


I know I'm a bit unfocused.
I need to think about getting a job
(i don't need to get a job, just think)
eli lilly
Lilly Clinic
550 North University Boulevard
Indianapolis, IN 46202-5149
1-877-LLYCLINIC (1-877-559-2546)

ups
kelly
other


need to clean up 227, check w joell re house contract,
parking tickets
public records lawsuit
- document problem, request PAC informal ruling.

sign lawsuit
cles! i forgot to go today! shit.
could go tomorrow tho. look it up at home? get up in morning and go to bar center?
get sign from polling places
write letter asking my vote to be counted.
write letter to doug offering to settle
plan to meet with crawford over voter id, draft proposed house resolution.
add digg to blogroll



I know I'm a bit unfocused.
I need to think about getting a job
(i don't need to get a job, just think)
eli lilly
Lilly Clinic
550 North University Boulevard
Indianapolis, IN 46202-5149
1-877-LLYCLINIC (1-877-559-2546)

ups
kelly
other


need to clean up 227, check w joell re house contract,
parking tickets
public records lawsuit
- document problem, request PAC informal ruling.

sign lawsuit
cles! i forgot to go today! shit.
could go tomorrow tho. look it up at home? get up in morning and go to bar center?
get sign from polling places
write letter asking my vote to be counted.

To: Marion County Election Board.
cc: Doug Webber

I am writing to ask that my provisional ballot be counted.
On election day I went to my precinct, 10-7, to vote.
I was greeted by the poll worker, who knows me by name because I've voted there for years and we usually have some discussion of the ID procedures, like the time they tried to stop me from voting becuase I wouldn't give my ssn. I've been a poll watcher there during years when I wasn't a candidate.
The poll worker declined to accept a copy of the complaint in Palmer v Marion County.
I signed the book with my signature, which matches the signature there.
They refused to let me vote, because, as usual, when they wanted to search my voting license I asked to see their warrant.
An unwarranted search is presumptively unreasonable.
Instead, they gave me a provisional ballot, and told me I would have to go to the city hall to have it counted.
I went.
Once I got past all the locked doors, signs, saying the building was closed, scowling armed guards, and unwarranted screening search, I went to the clerk's office and asked to have my provisional vote counted. This was denied.
I have a right to vote.
You have my ballot.
I want it counted.
Sincerely,
Robbin Stewart.













write letter to doug offering to settle
plan to meet with crawford over voter id, draft proposed house resolution.



add digg to blogroll

tonight:
1) print and mail copies of motion for leave to appeal and motion for findings. 1/2
2. X draft motion for appeal
3) what else?

motion for interlocutory appeal:

b) Content of the Motion in the Court of Appeals. The motion requesting that the Court of Appeals accept jurisdiction shall state:

(i) The date of the interlocutory order.

(ii) The date the motion for certification was filed in the trial court.

(iii) The date the trial court certified its interlocutory order.

(iv) The reasons the Court of Appeals should accept this interlocutory appeal.

to do:

palmer file:

motion for preliminary injunction
X leave to appeal X
X motion for findings of law and fact
checklist for appeal process.

habitat letters
- revoke offer to rebuilding the wall.
- write to habitat

public records issue
- wait for denial of access to public record. done!
lonnie case -
get case file
write to detective ed miller
copy police report w identity theft thingy for frank miller

X letterhead for access to citycounty building

CLE's.
http://www.in.gov/sos/elections/voters/minutes/112002r.pdf. mentions kern case.

dentist

(317) 634-2200 1 Virginia Ave, Indianapolis, IN 46204
Reuben, Lawrence M - Lawrence Reuben Law Office