Opinions – June 2, 2010

Keywords neglect / Opinions

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

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.

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
M. Parker v. State of Indiana (NFP)

Criminal. Affirms Parker’s convictions of two counts of battery as Class B misdemeanors.

Blair v. State of Indiana (NFP)

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)

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.

Pizano v. Edwin Buss (NFP)

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)

Juvenile. Affirms D.G.’s delinquency adjudication for battery, which would have been a Class C felony if committed
by an adult.
Michael Harris v. State of Indiana (NFP)

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)

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.

Bell v. State of Indiana (NFP)

Criminal. Affirms Bell’s conviction of resisting law enforcement as a Class A misdemeanor.
Randolph v. State of Indiana (NFP)

Criminal. Affirms Randolph’s conviction of domestic battery, a Class A misdemeanor.
Chester v. State of Indiana (NFP)

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.

v. State of Indiana (NFP)

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.
Alleged to be a Child in Need of Services; C.A.J. v. Indiana Dept. of Child Services (NFP)

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)
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.

Brown v. State of Indiana (NFP)

Criminal. Affirms Brown’s sentence following a guilty plea to possession of methamphetamine, a Class C felony.
Reed, et al. v. Indianapolis Welding Supply Inc., et al. (NFP)

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.
J. Goehst v. State of Indiana (NFP)

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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