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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. why is the State trying to play GOD? Automatic sealing of a record is immoral. People should have the right to decide how to handle a record. the state is playing GOD. I have searched for decades, then you want me to pay someone a huge price to contact my son. THIS is extortion and gestapo control. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW.

  2. I haven't made some of the best choices in the last two years I have been to marion county jail 1 and two on three different occasions each time of release dates I've spent 48 to 72 hours after date of release losing a job being denied my freedom after ordered please help

  3. Out here in Kansas, where I now work as a government attorney, we are nearing the end of a process that could have relevance in this matter: "Senate Bill 45 would allow any adult otherwise able to possess a handgun under state and federal laws to carry that gun concealed as a matter of course without a permit. This move, commonly called constitutional carry, would elevate the state to the same club that Vermont, Arizona, Alaska and Wyoming have joined in the past generation." More reading here: http://www.guns.com/2015/03/18/kansas-house-panel-goes-all-in-on-constitutional-carry-measure/ Time to man up, Hoosiers. (And I do not mean that in a sexist way.)

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  5. I am terrified to see Fracking going on not only in Indiana but in Knox county. Water is the most important resource we have any where. It will be the new gold, and we can't live without it and we can live without gold. How ignorant are people?

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