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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. Your article is a good intro the recent amendments to Fed.R.Civ.P. For a much longer - though not necessarily better -- summary, counsel might want to read THE CHIEF UMPIRE IS CHANGING THE STRIKE ZONE, which I co-authored and which was just published in the January issue of THE VERDICT (the monthly publication of the Indiana Trial Lawyers Association).

  2. Thank you, John Smith, for pointing out a needed correction. The article has been revised.

  3. The "National institute for Justice" is an agency for the Dept of Justice. That is not the law firm you are talking about in this article. The "institute for justice" is a public interest law firm. http://ij.org/ thanks for interesting article however

  4. I would like to try to find a lawyer as soon possible I've had my money stolen off of my bank card driver pressed charges and I try to get the information they need it and a Social Security board is just give me a hold up a run around for no reason and now it think it might be too late cuz its been over a year I believe and I can't get the right information they need because they keep giving me the runaroundwhat should I do about that

  5. It is wonderful that Indiana DOC is making some truly admirable and positive changes. People with serious mental illness, intellectual disability or developmental disability will benefit from these changes. It will be much better if people can get some help and resources that promote their health and growth than if they suffer alone. If people experience positive growth or healing of their health issues, they may be less likely to do the things that caused them to come to prison in the first place. This will be of benefit for everyone. I am also so happy that Indiana DOC added correctional personnel and mental health staffing. These are tough issues to work with. There should be adequate staffing in prisons so correctional officers and other staff are able to do the kind of work they really want to do-helping people grow and change-rather than just trying to manage chaos. Correctional officers and other staff deserve this. It would be great to see increased mental health services and services for people with intellectual or developmental disabilities in the community so that fewer people will have to receive help and support in prisons. Community services would like be less expensive, inherently less demeaning and just a whole lot better for everyone.

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