Opinions – May 25, 2010

Keywords neglect
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Indiana Supreme Court

Desmond Davidson v. State of Indiana
49S02-1001-CR-41
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.
69S01-0905-CV-233
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

45A03-0909-CV-430
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)
49A02-0912-PC-1271
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)
71A03-1002-JT-68
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)
24A01-0908-CR-382
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)
45A03-0911-CR-505
Criminal. Affirms King’s conviction by jury of theft
as a Class D felony.

Richard Saunders v. State of Indiana (NFP)
54A01-0911-CR-554
Criminal. Affirms Saunders’ conviction of dealing in
a schedule II controlled substance, a Class A felony.

Juan Beasley v. State of Indiana (NFP)
49A02-0910-CR-1019
Criminal. Affirms Beasley’s conviction of two counts
of robbery as Class B felonies.

Nelisa Glover v. State of Indiana (NFP)
49A05-0911-CR-620
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)
93A02-0910-EX-1030
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)
36A01-0912-CV-574
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)
49A02-0910-CR-1048
Criminal. Affirms Scott’s conviction of battery as a
Class A misdemeanor.

Indiana Tax Court posted no opinions before IL deadline.

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