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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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  2. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  3. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  4. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  5. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

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