my name i s shhrry/dusty.
on 7/20/26 we were witnessees
this is not a public blog, just a place hwere i can leave myself notes. nothing to see here folks, move along.
factors why quasi criminal applies
p is the government
no filing fee paid.
due course of law concerns
disproportionate remedy
ethics complaint.
statute is constitutional, sets a floor not a ceiling
civil commitment. truancy juvrnile deliquency when is claer and convinding
mandatory attendence, bench warrant.
brought a false claim against an unrepresented mentally ill person who was unable to adequately participate in their own defense, a show trial lacking basic procedure
denial of trial by jury
denial of counsel.
withheld exculpatory evidence
oh i have a card from a lawyer. met her in the hallway.
the proposed order
Plaintiff City of Indianapolis v Robbin Stewart
Plaintiff asserts that the case is civil and a preponderance of evidence is required. The parties agree that a statute, @, sets out the preponderance test for municipal ordinance violations.
Defendant contends that the case is quasicriminal per Gates v Indianapolis*, and that in quasi-criminal cases the clear and convincing evidence standard applies.
On February 22, 2012, Indianapolis Animal Care and Control Officer Tiffany Compton issued three citations to Gates for violations of three ordinances of the Revised Code of the Consolidated City of Indianapolis and Marion County (“Revised Code”). .... Gates filed his demand for a jury trial,1 which the trial court denied. This appeal ensued.2
Because of this, it logically follows that, just as criminal actions were outside the scope of equitable actions as provided by our case history, so, too, would quasi-criminal actions have been historically non[-]equitable. Instead, in 1852, actions criminal in nature would necessarily have been legal. In such actions, a jury trial demand must be honored. Midwest Sec. Life Ins. Co., 730 N.E.2d at 169. We therefore hold that the trial court improperly denied Cunningham's request for a jury in violation of Article I, Section 20 of the Indiana Constitution. 835 N.E.2d at 1077–79 (emphases added, footnotes omitted).
Gates is cited as controlling precedent here, regardless of what exactly it has in the way of claim or issue preclusion, res judicata, or estoppel.
We find that plaintiff ___ did __ did not meet their burden under the preponderence standard.
We find that plaintiff ___ did ____ did not meet their burden under the clear and convincing evidence standard.
He cites sectrans Blanche v Lao 2026 for the proposition that Lao was entitled to clear and convincing evidence at his hearing, because deportation is quasi-criminal. The issue debated by the justices in the case, which Lao lost, was when, but not whether, clear and convincing evidence was required.
D does not argue that Lao changed the law. It is uncontroversial and well settled that c n c is required in quasi-criminal cases under the 14th A. But this may be a case of first impression on whether this is also true under section 12 of article 1. D asserts both claims.
D asserts that the statute is a floor, not a ceiling. The statute protects important justice interests such as the right to trial by jury per Gates supra. It in no way prohibits a higher standard of proof when that is required by some other factor, such as here, the need for due course of law under section 12.
It is unresolved whether the clear and convincing standard as used in jury trials can be derived independently from sections 19 or 20. Generally these are due course of law concerns.
STATE OF INDIANA ) IN THE ______________ COURT_____
) SS: (____________DIVISION, ROOM ____ )
COUNTY OF ___marion________)
CASE NO. __________________________
________robbin stewart________________________________, )
Petitioner (Your Name) )
vs. )
____devin baker________________________________, )
Respondent (Person to be Restrained) )
PETITION FOR AN ORDER FOR PROTECTION AND REQUEST FOR A HEARING—Filed by Person Seeking Protection
IMPORTANT: This is a public document and a copy of it will be placed in the Court’s file. A copy may also be sent to the Respondent.
(Check those which apply)
__x_c. I am or have been a victim of stalking;
x d. I am or have been a victim of repeated acts of harassment.
If Respondent is not a family or household member as indicated above, but Respondent has committed stalking, a sex offense, or repeated acts of harassment (check only the line below which best applies):
__x _the Respondent has committed stalking against me.
___the Respondent has committed a sex offense against me.
X ___the Respondent has committed repeated acts of harassment against me.
Case Name Case Number County & State
____________________________________________________________________dog bite case________________________________________________________________
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
_____ Continued on Attachment 4a.
_________________________________________________________________
_____ a. the Respondent lives in this county.
_x____ b. the incident(s) of domestic or family violence, stalking, sex
offense, or harassment happened in this county.
__x___ c. I live in this county.
___p o 4015 e washington st__________46201_______________________________________________________________________________________________________________________This address will not be kept secret, so you should use a mailing address that you feel comfortable having public. The address you place on the Confidential Form, PO-0104 will be kept confidential. If the Court grants the order, you may be eligible to obtain a confidential address through the Attorney General’s Address Confidentiality Program (ACP). Email the ACP at: confidential@atg.state.in.us to get information on how to participate in that program.
violence, stalking, sex offense, or harassment (check those which apply):
___ the Respondent attempted to cause physical harm to me;
__x_ the Respondent threatened to cause physical harm to me;
___ the Respondent did cause physical harm to me;
__x_ the Respondent placed me in fear of physical harm;
___ the Respondent caused me to involuntarily engage in sexual activity by
force, threat of force, or duress;
__x_ the Respondent committed stalking against me;
___ the Respondent committed a sex offense against me;
_?__ the Respondent committed an act of animal cruelty by beating, torturing,
mutilating, or killing a vertebrate animal without justification with an intent
to threaten, intimidate, coerce, harass or terrorize a family or household
member;
__x_ the Respondent committed repeated acts of harassment against me.
Date of Incident #1: _____day before dog ticket_________
Place of Incident: ___4015_______________________________________________
Description of Incident: ________He demanded $100. I refused to pay, He went inside got a gun, displayed his gun, demanded $100 again. I had a couple of my boys back me up. ______________________________________________________________________________________________________________________________________________________________________________________________
List the names of all of the people who were present during the incident. You
must include your own name if you were present: _______me devin batman dusty______________________________________________________________________________________________________________________________________________________
Date of Incident #2: ______________
Place of Incident: __________________________
Description of Incident:
___numerous times oh him hassling my dog or me, recently has been threatening :citizens arrest”.__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
List the names of all of the people who were present during the incident. You
must include your own name if you were present:
__________________________________________________________________
__________________________________________________________________
____________________________
__________________________________________________________________
_____ Continued on Attachment 8a.
NOTE: The following requested relief may be granted immediately by the Judge without a hearing. However, if the petition is based on harassment alone, the relief may be granted ONLY after notice to the Respondent and after a hearing to be held within thirty (30) days.
_x__ Prohibit the Respondent from committing, or threatening to commit, acts of
domestic or family violence, stalking, or sex offenses against me;
__x_ Prohibit the Respondent from committing, or threatening to commit, acts of
domestic or family violence, stalking, or sex offenses against my family or
household members, whose names are:
_kenny, dawn, dustin, sherry, chico.__________________________________________________________
__________________________________________________________;
___ Prohibit a Respondent from using a tracking device (as defined in Ind. Code § 35-31.5-2-337.5) to determine the location of: (a) the Petitioner or property owned by the Petitioner; and (b) any other family or household member or property owned or used by the family or household member.
x___ Prohibit the Respondent from harassing, annoying, telephoning, contacting,
or directly or indirectly communicating with me;
_x__Order the Respondent to stay away from my residence, school, place of
employment, or other place, which is the ___________, located at: _______4015______________________________________________________;
__ Order that this Order of Protection be effective indefinitely as authorized by I.C. 34-26-5-9, because I was the victim of the sex or violent offense committed by the Respondent as described herein, and for which the Respondent is a sex or violent offender, who is required to register as a lifetime sex or violent offender.
___Order the Respondent to stay away from the following location(s) frequented
by my family or household member(s), which may include a residence,
school, or place of employment: ____4000 block e washington st______________________________
_____________________________________________________________
_____________________________________________________________.
Please complete:
Please list all owners or lease signers at my residence: _____________________
__self_______________________________________________________________
_________________________________________________________________.
NOTE: The following requested relief may be granted immediately by the Judge, but the Court must hold a hearing within thirty (30) days. If the petition is based on harassment alone, the relief may be granted ONLY after notice to the Respondent and after a hearing to be held within thirty (30) days.
___ Evict the Respondent from my residence, which is located at:
_____________________________________________________________;
___ Order the Respondent to give me the possession and use of the following:
___The residence located at: ______________________________________;
___An automobile/other motor vehicle described as: ___________________
__________________________________________________________;
___ Other necessary personal items, described as: _____________________
__________________________________________________________
__________________________________________________________;
__x_ Prohibit Respondent from removing, transferring, injuring, concealing, harming, attacking, mistreating, threatening to harm, or otherwise disposing of the animal(s) listed below.
Example Name: Max
Age/Type: 9 year old dog
Size /Breed: Large 55 pound black lab
Color/Description: Black hair, pink collar
Animal 1 Name: _chico_____________________________
Age/Type: __2 yrs?____________________________
Size/Breed: ___pit mix___________________________
Color/Description: ______________________________
Animal 2 Name: ______________________________
Age/Type: ______________________________
Size/Breed: ______________________________
Color/Description: ______________________________
Additional animals listed on Attachment 9(a).
__x_ Order that I will have the exclusive possession, care, custody, or control of an animal(s) owned, possessed, kept, or cared for by myself, the Respondent, a minor child of myself or the Respondent, or any other family or household member listed below.
Animal 1 Name: _chico_____________________________
Age/Type: ______________________________
Size/Breed: ______________________________
Color/Description: ______________________________
___Order the following additional relief necessary to provide for my safety and
welfare and the safety and welfare of my family or household members:
______________________________________________________________
felon in possession of a gun___________________________________________________________
______________________________________________________________
______________________________________________________________.
NOTE: The following requested relief may be granted ONLY after notice to the Respondent and after a hearing to be held within thirty (30) days:
___ Specify the arrangements for parenting time with our minor child(ren);
___ Require that parenting time be supervised by a third party;
___ Deny the Respondent parenting time;
__x_ Order the Respondent to pay my attorney fees;
___ Order the Respondent to pay rent for my residence;
___ Order the Respondent to make payment on a mortgage for my residence;
___ Order the Respondent to pay child support for our minor child(ren);
___ Order the Respondent to pay support/maintenance for me;
__x_ Order the Respondent to reimburse me for expenses related
to the domestic or family violence, stalking, sex offense, or harassment as follows:
(specify the amount for each expense and bring documentation of the
expense with you to Court for the Hearing):
___ Medical expenses: $_________________
___ Counseling: $___8______________
___ Shelter: $_________________
___ Repair or replacement of
damaged property: $_________________
___ Other costs or fees I have
as a result of bringing this case: $__legal fees as yet unknown, est, $1000._______________
__x_ Prohibit the Respondent from using or possessing a firearm, ammunition, or
deadly weapon;
_x__ Order the Respondent to surrender the following firearm(s), ammunition, or
deadly weapon(s) to a specified law enforcement agency (list each item
below and attach an additional sheet of paper if necessary):
____________________________________
____pistol. Unknwn make or model________________________________
____________________________________
____________________________________;
_____ Continued on Attachment 9(b).
______________________________
Additional telephone numbers listed on Attachment 9(c)
By filing this Petition, I am respectfully requesting that the Court immediately issue an Ex Parte Order for Protection. I understand that, if I have asked the Court for any of the following:
evicting the Respondent from my/our home;
giving me the possession of personal property;
giving me possession of an animal;
prohibiting Respondent from taking action against an animal;
establishing rules for child parenting time;
requiring the Respondent to pay fees, expenses, or child support;
forbidding the Respondent from possessing a firearm, ammunition, or a deadly weapon;
ordering the Respondent to surrender firearm(s), ammunition, or deadly weapons, or,
allowing me or a child to continue to use a telephone number for which I will be financially responsible;
I must also ask the Court to set a date for a Hearing within thirty (30) days of today’s date.
I understand that if my petition is based on harassment alone, the Court may grant relief ONLY after notice to the Respondent and after a hearing to be held within thirty (30) days.
I understand that if a Hearing is set, and if I fail to appear for the Hearing, the Court may terminate the Ex Parte Order and/or dismiss the case.
I affirm, under the penalties for perjury, that the foregoing representations are true:
on the basis of my own personal knowledge.
on the basis that I have been informed and believe that the facts stated are true. (NOTE: If this Petition is made solely on the basis of Petitioner’s information and belief, Petitioner must attach affidavits by one or more persons who have personal knowledge of the facts stated.)
PETITIONER (Signature)
__Robbin Stewart_________________________________
PETITIONER (Type or print name)
| robbin stewart | Jul 17, 2026, 10:18 AM (2 days ago) | |||||||||||
| ||||||||||||
hi sherry . if you get a chance ot print this:
=====
this is private property.
unless you have written permission from the property owner to be here
you are trespassing and have been asked to leave.
we are prepared to use reasonable force to repel trespassers.
It generally hasn't worked out well for people who try to steal from me or trespass.
Lonnie Hall - had done the first 20 years of his 120 year sentence.
Jordan Dennison: doing 3 years.
Mighty - doing 3 years.
TJ - dead, murdered.
Honesty Rady - dead.
Michelle Russel - hospital, currently being evicted.
Lydia Bailey-getting away with it so far.
LilBit Schmidt - being prosecuted for trespassing here.
Small rewards will be paid for information leading to the conviction or trespassers or thieves.
Rules: 1. do not bring murdered animals aka meat.
2. All cigarette butts must be picked up for any visitors to be allowed.
If you are here and there are cigarette butts on the ground, you are trespassing.
3. I am recovering mental patient. I need my peace and quiet.
4. Appointments cost $40 minimum in advance and are billed at $235/hr. Because our law office is now closed, it would not make sense to spend that money for nothing. Please go away and leave us alone
answer
i generally deny the allegations.
specifically, i deny being the owner of the dog chico at the time of the incident. the dog may belong to Dawn Young, Rocco, or Tupac.
I admit to having custody of the dog on the date in question.
I am willing to become the owner of the dog if the court makes that determination.
If the dog is falsely convicted of this offense he will be uninsurable, and may end up being euthenized.
the allegations are quasi criminal, requiring clear and convincing evidence. Blache v Lao, __ U. S._ (2026), GATES v. CITY OF INDIANAPOLIS (2013)
The attack, if it happened, was provoked.
On the previous day to the incident, Devin threatened me with a gun in a dispute. He claimed I owed him $100 for a previous attack by Chico, prior to my having guardianship of Chico. He has face tattoos indicating prison. I suspect he is a felon in possession.
I did not witness the attack, if there was one. From what I have heard, it occurred within the curtilage of the home, the area a dog such as Chico is territorial about. He was within earshot of the previous day's discussion, and knew that Devin was a threat to me and was unwelcome. I have heard Devin taunt and curse at the animal at other times.
the ordiance is qiite specific about applying only to unprovoked attacks.
The state canot prove by clear and convincing evidence that the attack was unprovoked, when the dog was protecting its caretaker and its property from a violent criminal.
this action is part of his extortion scheme.
it is unclear to what extent he has coordinated his scheme with the city attorney, ms hulsey, but her role in this conspiracy is unethical, and we encourage the court to review it as a neutral magistrate, and make a referral to the indiana attorney disciplinary commission if it meets the standards of a "must report" violation rather than a "may report" violation.
counterclaims:
if i or chico end up as the prevailing party here, i move for costs and fees.
Key Points from Discussion:
Sample Letter to County Clerk (Key Elements):
I hope this comprehensive summary helps you get all the information you need copied safely. Let me know once you've secured it.
STATE OF INDIANA
To do week of march 8th. Is the neighborhood association thingy on monday nights at tuxedo?
file ada complaints, three of them, line up ada lawyer, due to fee-shifting.
work on chiu brief.
structure of argument.
gura brings this case as a test case for bonta, but in the process has made bad law. the 9th circuit decision is both controlling and wrong, which puts this court in an awkward position.
the point of my brief is to show alternative grounds which are part of the bonta analysis. california constitutional case law is determinative. if tthe ordinanc eis void under the state constitution, san francisco's asserted state interests are not legitimate.
talley, nifla, bonjiorni canon city schuster yick wo ghafari griset.
conflict w other 9th circ decisions majic mike berger v seatlle rosen v port of portland anonymous speakers case and the plum fees gerwan case
13 of 15 state constitutional decisions found the speech protected. Those are persuasive precedent.
50 cases, mostly relying on talley or mcintyre, agree with us.
a handful of cases on the other side seymour, majors, kyrtl v riley?
barnett tornillo wooley aclf watchtower mcintyre talley bates naacp v alabama gobitis.
The traditional argument: SFCA's censorship of core political speech violates the 14th amendment, due process equal protection and privileges or immunities.
It violates the first amendment's speech press privacy petition and assembly rights.
It violates at least 3 state clauses, speech equal protection privacy. Schuster, Ghafari, Anonymous online Speakers.
Under the Bonta analysis, the asserted state interests here are not legitimate, important, compelling, overridding, or whathaveyew.
Ordinarily one would only need to point to the controlling cases, Talley McInytre Aclf, Watchtower, Tornillo, Riley, 303 LLC NIFLA Janus and so forth. But hete plaintiffs have chosen Bonta only, as a test case.
The 9th circuit rejected this argument, at least in terms of applying the bonta test to the text of the ordinance as a filter. The bonta test is a recent reformulation of the Valeo means-ends test. legitimate state interests the regulation directly furthers a legitimate state interest and is narrowly tailored. This test is often called "exacting scrutiny".
Because exacting scrutiny is a contronym, depending on context, it can be confusing, especially for non experts. A word means what I say it means, the (critter) told Alice.
However, this is a euphemism. Under Valeo and now Bonta, scrutiny was not close, but was far away. "Exacting scrutiny" under Valeo was anything but exacting. Dictionary definition of exacting.
So ti's not that. So instead its a term of art. When we say "exacting scrutiny this is a term of art, ,and may refer to either of two lines of cases, the disclosure cases under Valeo, such as Bates, NAACP, Socialist Workers.
or the disclaimer cases, Talley McIntyre ACLF Watchtower NIFLA.
Under McIntyre,
Under a different line of cases,
To: Dustin Gilmer, ADA Coordinator