Articles

Opinions – June 2, 2010 enews

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.

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