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Indiana Court of Appeals
Nathan Brittain v. State of Indiana (NFP)
71A04-0912-CR-688
Criminal. Affirms Brittain’s convictions of two counts of Class C felony child molesting, and two counts of Class B
felony attempted child molesting; and affirms aggregate sentence of 10 years executed.
The Indiana Court Improvement Program has announced it will be giving away up to $290,000 in grants to programs that help
families and children involved in cases of neglect or abuse.
A third of the Indiana Court of Appeals judges face voter retention this year, including two initially appointed within the past three years to fill vacancies on the state’s second highest court. With a month and a half before the filing deadline, one of the applicants says that all five appellate judges submitted their retention […]
In a rare move that may be used in only one other jurisdiction nationally, Judge David F. Hamilton on the 7th Circuit Court
of Appeals in Chicago plans to relocate his chambers from the Indianapolis courthouse where he’s from to the Indiana
University Maurer School of Law – Bloomington.
For doing pro bono work and for promoting pro bono work among others in the legal community, an Indianapolis attorney has
learned she will receive a national award at the ABA Annual Meeting in San Francisco in August.
Anyone who wants to be the next Indiana Supreme Court justice has until the end of this month to apply.
Indiana counties are responsible to pay a portion of costs to operate juvenile detention facilities.
Budget statute affected juvenile codes and gives the Department of Child Services oversight of judicial decision-making.
The Indiana chief justice said in an order that he would “smack down” judicial overreaching or overspending.
A last-minute change to a bill during the 2009 special session has stripped judges of their discretion regarding juvenile
placements out of state by requiring them to get permission from the Department of Child Services. All three branches
are reacting.
Detention alternatives, Initial Hearing Court draw national praise.
Two Elkhart County teens say it took incarceration to teach them a lesson.
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.
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)
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)
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.
FromIL staff. Edited by Rebecca Collier.
On the second anniversary of First Impressions we'd like to know: what would you like to see in IL's blog? First Impressions
The Indiana Supreme Court says an employer isn’t allowed to deny someone unemployment benefits if they are fired for
absenteeism that’s beyond their control without considering that worker’s overall conduct and attendance.
For doing pro bono work and for promoting pro bono work among others in the legal community, an Indianapolis attorney has
learned she will receive a national award at the ABA Annual Meeting in San Francisco in August.
Indiana lags in statewide reform, but builds on localized successes.
Anyone who wants to be the next Indiana Supreme Court justice has until the end of this month to apply. The Indiana Supreme
Court Judicial Nomination Commission is accepting applications until June 30 for the appellate post, which is being vacated
once Justice Theodore Boehm retires Sept. 30.