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Opinions – June 2, 2010 enews

June 2, 2010

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.

First Impressions – Indiana Lawyer’s Blog

June 2, 2010

On the second anniversary of First Impressions we'd like to know: what would you like to see in IL's blog? First Impressions

Justices rule on unemployment benefit cases

June 2, 2010

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.

Family law attorney to receive national award

June 2, 2010

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.

What’s next for Indiana’s juvenile system?

June 2, 2010

Indiana lags in statewide reform, but builds on localized successes.

Schedule set for Supreme Court justice vacancy

June 2, 2010

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.

Detaining questions

June 2, 2010

Funding of youth detention, alternatives draws concern.

‘Out of the court’s hands’

June 2, 2010

Lake County teen recognizes she is responsible for future in juvenile system.

State slow to achieve juvenile justice reforms

June 2, 2010

Local successes exist; systematic changes lag.

System delivers injustice

June 2, 2010

Exonerated face new, old legal hurdles after release.

After exoneration

June 2, 2010

Wrongfully convicted Hoosier settles federal suit for $4.5 million.

Rising number of exonerees reflects flaws in justice system

June 2, 2010

Convicts are turning to methods that have freed others who were wrongfully convicted, as well as new issues that continue
surfacing in the nation’s court system.

Aiming for exoneration

June 2, 2010

Inmate awaits court hearing

Clinic argues for man’s innocence

June 2, 2010

the Indiana Supreme Court is considering whether to accept a post-conviction case on an issue some say is an important question
of law relating to wrongful convictions.

Reforms urged to prevent mistakes

June 2, 2010

Indiana explores what revisions to make to its criminal justice system.

Escaping execution

June 2, 2010

Exoneree joins statewide campaign calling for a death-penalty moratorium.

Bose lays off lawyers

June 2, 2010

Cuts are state’s first announced publicly

Lawyer lands on feet

June 2, 2010

Attorney’s job loss leads to his own legal consulting business

Opinions – June 1, 2010

June 2, 2010

Indiana Supreme Court
Thomas A. Neu, Elizabeth A. Neu, Wells Fargo Bank, N.A. v. Brett Gibson

49S02-0910-CV-442
Civil. Affirms trial court’s finding that the Neus were not entitled to interest, attorney fees, and costs and that
they could not foreclose on their own home or force a sheriff’s sale of the property.

Attorneys squeezing savings

June 2, 2010

Bar associations offer discounts, cost-cutting options for legal community

« Previous 1 … 2,251 2,252 2,253 2,254 2,255 … 2,378 Next »

In This Issue

  • Some Rokita targets continue fighting civil subpoenas on immigration

  • State and federal courts leaning more heavily on magistrates

  • Legal troubles at Jack’s Donuts concern some local franchisees

Most Read
  • State’s high court to hear arguments on double jeopardy, right to appeal

  • 9 Indiana counties chosen for misdemeanor defense reimbursement pilot

  • List of new Indiana laws approved this year

  • Owner of Broad Ripple bar charged with underreporting more than $4.5M in sales

  • Colleagues remember John Trimble as ‘pillar’ of Indiana’s legal community

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