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Opinions - June 2, 2010

June 2, 2010
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The following opinions were posted after IL deadline June 1:

Indiana Supreme Court
Lisa M. Beckingham v. Review Board of the Indiana Dept. of Workforce Development and Cenveo Corporation

93S02-0907-EX-308
Civil. Reverses and remands judgment of the Review Board, which denied Beckingham’s unemployment benefits for violating her employer’s no-fault attendance rule due to cases of personal illness, illness of her children, and various difficulties involving daycare.

John D. Giovanoni II v. Review Board of the Indiana Dept. of Workforce Development and Clarian Health Partners Inc.
93S02-0907-EX-311
Civil. Reverses judgment of the Review Board, which denied Giovanoni’s unemployment benefits for violating his employer’s no-fault attendance rule when he missed work due to an arachnoid cyst in his brain that caused seizures and debilitating migraines.

Today’s opinions
Indiana Supreme Court posted no opinions before today’s IL deadline.

Indiana Court of Appeals

Allen M. Parker v. State of Indiana (NFP)
49A02-0911-CR-1068
Criminal. Affirms Parker’s convictions of two counts of battery as Class B misdemeanors.

George Blair v. State of Indiana (NFP)
http://www.theindianalawyer.com/html/opinions-pdf.asp?pdf=06021004jgb.pdf
49A02-0911-CR-1069
Criminal. Affirms revocation of Blair’s probation and the trial court’s order that he serve the entire four-year sentence that was originally suspended.

Dale Whybrew v. State of Indiana (NFP)

20A03-0909-CR-415
Criminal. Affirms Whybrew’s conviction of Class B felony dealing in methamphetamine, for which he received an aggregate sentence of 14 years in the Department of Correction with two years suspended to probation.

Alvino Pizano v. Edwin Buss (NFP)
33A01-1002-MI-42
Civil. Affirms trial court’s summary denial of Pizano’s petition for writ of habeas corpus relief on the grounds that his petition alleged a future, rather than a current, illegal restraint.

D.G. v. State of Indiana (NFP)

49A02-0911-JV-1134
Juvenile. Affirms D.G.’s delinquency adjudication for battery, which would have been a Class C felony if committed by an adult.
 
David Michael Harris v. State of Indiana (NFP)
79A04-0909-CR-528
Criminal. Affirms Harris’ sentence for forgery, a Class C felony; identity deception, a Class D felony; failure to register as a convicted sex offender, a Class D felony; and his adjudication as a habitual offender.

Auto-Owners Insurance Co., et al. v. Cara Stansifer (NFP)

02A05-0911-CV-665
Civil. Affirms trial court’s orders granting Stansifer’s motion to enforce settlement agreement and dismissing the complaint with prejudice. Auto-Owners argued that there was no meeting of the minds regarding certain terms of the settlement agreement and that, consequently, the trial court erred by enforcing the agreement.

Aundrea Bell v. State of Indiana (NFP)
49A02-0911-CR-1091
Criminal. Affirms Bell’s conviction of resisting law enforcement as a Class A misdemeanor.
 
Jessica Randolph v. State of Indiana (NFP)
http://www.theindianalawyer.com/html/opinions-pdf.asp?pdf=06021003jgb.pdf
49A04-0911-CR-627
Criminal. Affirms Randolph’s conviction of domestic battery, a Class A misdemeanor.
 
Michael Chester v. State of Indiana (NFP)
71A03-1003-CR-117
Criminal. Reverses and remands Chester’s sentence imposed following his guilty pleas to Class B felony dealing in cocaine, and Class D felony maintaining a common nuisance; and his admission to being a habitual offender. Chester contends that the trial court erroneously attached the habitual offender sentence enhancement to his maintaining a common nuisance conviction.

M.K. v. State of Indiana (NFP)
49A02-0912-JV-1176
Juvenile. Reverses and remands trial court’s order adjudicating M.K. a juvenile delinquent for an act that would have constituted carrying a handgun without a license, a Class A misdemeanor, had it been committed by an adult. Finds that M.K. has waived the argument regarding the admission of the handgun into evidence, but that it was the ineffective assistance of his trial counsel that led to the waiver.
 
C.S. Alleged to be a Child in Need of Services; C.A.J. v. Indiana Dept. of Child Services (NFP)
46A03-0910-JV-465
Juvenile. Affirms trial court’s denial of C.A.J.’s petition to modify the dispositional decree placing his biological son, C.S., in foster care, and the permanency plan approving the goal of termination of parental rights.

Chris Gordon v. State of Indiana (NFP)
49A02-0909-CR-874
Criminal. Affirms Gordon’s convictions of murder, a felony; carrying a handgun without a license, a Class A misdemeanor; and resisting law enforcement, a Class A misdemeanor. Also affirms finding that he was a habitual offender.

Joshua Brown v. State of Indiana (NFP)
54A01-0912-CR-575
Criminal. Affirms Brown’s sentence following a guilty plea to possession of methamphetamine, a Class C felony.
 
Stuart Reed, et al. v. Indianapolis Welding Supply Inc., et al. (NFP)
49A05-0909-CV-535
Civil. Affirms trial court’s grant of dismissal of some of counter- and third-party claims against appellants/plaintiffs/counterclaim defendants Indianapolis Welding Supply, Inc., d/b/a Medical Oxygen Company d/b/a Med O2 and appellee/third-party defendant Dwight Darlage.
 
David J. Goehst v. State of Indiana (NFP)
34A02-1001-CR-51
Criminal. Affirms Goehst’s three-year executed sentence that was imposed following his guilty plea to theft, a Class D felony.

Indiana Tax Court posted no opinions before IL deadline.

 

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  1. Two cops shot execution style in NYC. Was it first amendment protest, or was it incitement to lawlessness? Some are keeping track of the body bags: http://www.breitbart.com/big-government/2014/12/13/al-sharpton-leads-thousands-in-saturday-march-on-washington-dc/

  2. From the MCBA: “This situation is not just about the death of Michael Brown, but the thousands of other African-Americans who are disproportionately targeted and killed by police officers.” The association said it was “saddened and disappointed” by the decision not to indict Ferguson police officer. HOPING that the MCBA will denouce the execution style killig of two NYC police officers this day, seemingly the act of one who likewise believes that the police are targeting blacks for murder and getting away with it. http://www.mediaite.com/online/two-nypd-cops-fatally-shot-in-ambush-in-brooklyn/ Pray this violence soon ends, and pray it stays far away from Indiana.

  3. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  4. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  5. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

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