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High court grants 5 transfers

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The Indiana Supreme Court granted five transfers late on July 2, including cases on possession of cocaine in a family housing complex and "no fault" attendance policies in workplaces.

In Shewanda B. Beattie v. State of Indiana, No. 82A01-0805-CR-247, Shewanda Beattie's conviction of possession of cocaine in a family housing complex was reversed by the Indiana Court of Appeals because the jury acquitted her of the lesser-included offense of possession of cocaine. The unanimous panel didn't reverse her conviction due to insufficient evidence, but because the inconsistency in the jury's verdict left them unable to determine what evidence the jury believed. The judges relied on Owsley v. State, 769 N.E.2d 181 (Ind. Ct. App. 2002), to reverse Beattie's conviction and remand for a new trial on the charge of possession of cocaine in a family housing complex.

In Gary Dennis Jackson v. State of Indiana, No. 39A01-0711-CR-528, the Court of Appeals reversed Gary Jackson's conviction of battery resulting in serious bodily injury, ruling the trial court abused its discretion by granting a mistrial after discovering five jurors read a newspaper article about jury selection for Jackson's second trial. The trial court didn't explain why it granted the mistrial instead of admonishing the jury. The discharge of the jury at his second trial operated as an acquittal and the subsequent trial was a violation of his right to be free from double jeopardy. Judge Cale Bradford dissented, believing the trial court was within its discretion to grant the mistrial and permit a retrial without violating Jackson's double jeopardy protections.

In Gloria Murray, et al. v. City of Lawrenceburg, No. 15A04-0803-CV-122, the majority affirmed the trial court denial of the city's motion for judgment on the pleadings because the appellate court couldn't say Gloria Murray and others were required to bring a claim for inverse condemnation because the ownership of the disputed property hasn't been determined. The majority also reversed the denial of Murray's demand for a jury trial. The case was remanded to resolve the timeliness of her claims, sever the timely filed distinct legal claims, and grant the demand for a jury trial as to those claims. Chief Judge John Baker dissented, believing the result reached by the majority will effectively preclude most, if not all, inverse condemnation actions in the future.

The high court also granted transfer to two cases involving the issue of "no-fault" attendance policies, where the Court of Appeals had split in their decisions regarding the reasonableness of such policies: Lisa Beckingham v. Review Board of the Indiana Dept. of Workforce Development and Cenveo Corp., No. 93A02-0808-EX-771, and John Giovanoni II v. Review Board of the Indiana Dept. of Workforce Development and Clarian Health Partners, Inc., No. 93A02-0806-EX-545. Both Lisa Beckingham and John Giovanoni were fired as a result of multiple excused absences.

In Beckingham's appeal, the Court of Appeals held the reasoning set forth in Jeffboat Inc. v. Review Board of Indiana Employment Security Division, 464 N.E.2d 377 (Ind. Ct. App. 1984), and Beene v. Review Board of the Indiana Dept. of Employment and Training Services, 528 N.E.2d 842 (Ind. Ct. App. 1988), is the better rationale for determining the reasonableness of an employer's attendance policy. The majority in Beckingham's appeal affirmed she was discharged for just cause under Indiana Code Section 22-4-15-1(d)(2). Judge Edward Najam dissented, writing he would have followed the reasoning of the majority in Giovanoni, which ruled that termination for unsatisfactory attendance must be analyzed solely under section (d)(3). In Giovanoni, the majority ruled Love v. Heritage House Convalescent Center, 463 N.E.2d 478, 482, (Ind. Ct. App. 1983) provided a sounder model for determining eligibility for unemployment benefits when the employee is fired for attendance issues.

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  1. Just an aside, but regardless of the outcome, I 'm proud of Judge William Hughes. He was the original magistrate on the Home place issue. He ruled for Home Place, and was primaried by Brainard for it. Their tool Poindexter failed to unseat Hughes, who won support for his honesty and courage throughout the county, and he was reelected Judge of Hamilton County's Superior Court. You can still stand for something and survive. Thanks, Judge Hughes!

  2. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  3. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  4. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  5. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

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