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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. Uh oh, someone is really going to get their panti ... uh, um ... I mean get upset now: http://www.theguardian.com/us-news/2015/mar/31/arkansas-passes-indiana-style-religious-freedom-bill

  2. Bryan, stop insulting the Swedes by comparing them to the American oligarchs. Otherwise your point is well taken.

  3. Sociologist of religion Peter Berger once said that the US is a “nation of Indians ruled by Swedes.” He meant an irreligious elite ruling a religious people, as that Sweden is the world’s least religious country and India the most religious. The idea is that American social elites tend to be much less religious than just about everyone else in the country. If this is true, it helps explain the controversy raking Indiana over Hollywood, San Fran, NYC, academia and downtown Indy hot coals. Nevermind logic, nevermind it is just the 1993 fed bill did, forget the Founders, abandon of historic dedication to religious liberty. The Swedes rule. You cannot argue with elitists. They have the power, they will use the power, sit down and shut up or feel the power. I know firsthand, having been dealt blows from the elite's high and mighty hands often as a mere religious plebe.

  4. I need helping gaining custody of my 5 and 1 year old from my alcoholic girlfriend. This should be an easy case for any lawyer to win... I've just never had the courage to take her that far. She has a record of public intox and other things. She has no job and no where to live othe than with me. But after 5 years of trying to help her with her bad habit, she has put our kids in danger by driving after drinking with them... She got detained yesterday and the police chief released my kids to me from the police station. I live paycheck to paycheck and Im under alot of stress dealing with this situation. Can anyone please help?

  5. The more a state tries to force people to associate, who don't like each other and simply want to lead separate lives, the more that state invalidates itself....... This conflict has shown clearly that the advocates of "tolerance" are themselves intolerant, the advocates of "diversity" intend to inflict themselves on an unwilling majority by force if necessary, until that people complies and relents and allows itself to be made homogenous with the politically correct preferences of the diversity-lobbies. Let's clearly understand, this is force versus force and democracy has nothing to do with this. Democracy is a false god in the first place, even if it is a valid ideal for politics, but it is becoming ever more just an empty slogan that just suckers a bunch of cattle into paying their taxes and volunteering for stupid wars.

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