Opinions - May 25, 2010

May 25, 2010

Indiana Supreme Court

Desmond Davidson v. State of Indiana
Criminal. Affirms trial court and agrees with Court of Appeals. Finds that upon the review of sentence appropriateness under Appellate Rule 7, appellate courts may consider all aspects of the penal consequences imposed by the trial judge in sentencing the defendant. Disapproves of the contrary views expressed in Eaton, 825 N.E.2d at 1290–91; Pagan, 809 N.E.2d at 926; and Cox, 792 N.E.2d at 904.

Indiana Family and Social Services Administration v. Alice V. Meyer, et al.
Civil. Unanimously holds the trial court has no authority to grant a motion for an extension of time to file the record if the motion is filed after the time for filing the record and any previous extensions have expired. Supreme Court is divided as to whether a case may go forward where a full record of proceedings has not been filed. The Court of Appeals decision therefore remains in place and the trial court‘s order remanding this case to FSSA is affirmed.

Indiana Court of Appeals

Susan Kozlowski v. Lake County Plan Commission, Dordija Dordieski, Lana Dordieski, Jon Bruskoski, and Liberty Bruskoski
Civil. Affirms denial of Kozlowski’s motion for summary judgment regarding her claims against the Dordieskis and the Bruskoskis and the Lake County Plan Commission. Grants the request of the Dordieskis and the Bruskoskis for appellate fees, and remands for a determination of reasonable appellate attorneys’ fees.

Cynthia VanTreese v. State of Indiana (NFP)
Post-conviction. Affirms denial of VanTreese’s petition for post-conviction relief, which challenged her 1981 conviction of Class D felony possession of marijuana or hashish.

Termination of Parent-Child Relationship of H.J.F.; S.S.W. v. Indiana Dept. of Child Services (NFP)
Juvenile. Affirms probate court’s order involuntarily terminating S.S.W. (mother)’s parental rights to H.J.F.

Timothy Bitter v. State of Indiana (NFP)
Criminal. Reverses and remands Bitter’s conviction of and sentence for child molesting as a Class C felony.

Mitchell L. King v. State of Indiana (NFP)
Criminal. Affirms King’s conviction by jury of theft as a Class D felony.

Richard Saunders v. State of Indiana (NFP)
Criminal. Affirms Saunders’ conviction of dealing in a schedule II controlled substance, a Class A felony.

Juan Beasley v. State of Indiana (NFP)
Criminal. Affirms Beasley’s conviction of two counts of robbery as Class B felonies.

Nelisa Glover v. State of Indiana (NFP)
Criminal. Affirms Glover’s conviction of Class A misdemeanor prostitution.

B.G. v. Review Board of the Indiana Dept. of Workforce Development and Celadon Trucking Services Inc. (NFP)
Administrative. Affirms decision of the Unemployment Insurance Review Board to affirm the dismissal of B.G.’s appeal from the denial of unemployment benefits for failure to appear for a telephonic, evidentiary hearing.

David Smith v. First Farm Mutual Insurance Co. (NFP)
Civil. Reverses and remands trial court’s entry of summary judgment in favor of First Farm Mutual Insurance Company on Smith’s claim for breach of insurance contract.

Steven Scott v. State of Indiana (NFP)
Criminal. Affirms Scott’s conviction of battery as a Class A misdemeanor.

Indiana Tax Court posted no opinions before IL deadline.