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Justices to hear card-counting case Wednesday

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The Indiana Supreme Court will hear arguments in three cases Wednesday, including whether a casino can ban someone who counts cards.

Thomas P. Donovan sued the Grand Victoria Casino & Resort after the casino banned him from playing regulated blackjack because he counts cards. The trial court granted summary judgment in favor of the casino, but Donovan argued he never attempted to hide the card counting and it's not cheating or prohibited by gaming law or administrative rules. The Indiana Court of Appeals reversed, finding the Indiana Gaming Commission hadn't enacted a provision that bans card counting, and Grand Victoria can't simply take refuge in the common law right of exclusion.

Arguments begin at 9 a.m. in Thomas P. Donovan v. Grand Victoria Casino & Resort, No. 49S02-1003-CV-124.

The high court will also hear a defamation suit and an appeal of battery and strangulation convictions. Arguments begin at 9:45 a.m. in Christine Dugan v. Mittal Steel, USA Inc., et al., No. 45S05-1002-CV-121. Christine Dugan sued her employer Mittal Steel and employee Jay Komorowski for defamation after she was fired following an investigation into an alleged theft ring in her department. She was reinstated after an arbitrator found there wasn't enough evidence to support that she defrauded Mittal. She then filed her suit.

The appellate court affirmed summary judgment for Mittal and Jay Komorowski as to the statements described in Paragraph 6 of Dugan's complaint for defamation and reversed summary judgment in favor of Mittal and Komorowski as to Paragraph 7 of Dugan's complaint. The Court of Appeals remanded for further proceedings on that portion of her defamation claim because Mittal failed to establish as a matter of law that the statement is protected by the common interest privilege.

At 10:30 a.m. the justices will hear Giavonni J. Williams v. State of Indiana, No. 02A03-0908-CR-363. Giavonni Williams appeals his convictions of strangulation and battery and the denial of his motion to separate witnesses. On March 17, the high court determined Williams' case warrants oral argument on whether the state adequately overcame the presumption of prejudice stemming from the denial of the motion for separation of witnesses.

All arguments will be webcast live at https://mycourts.in.gov/arguments/ .

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  1. "So we broke with England for the right to "off" our preborn progeny at will, and allow the processing plant doing the dirty deeds (dirt cheap) to profit on the marketing of those "products of conception." I was completely maleducated on our nation's founding, it would seem. (But I know the ACLU is hard at work to remedy that, too.)" Well, you know, we're just following in the footsteps of our founders who raped women, raped slaves, raped children, maimed immigrants, sold children, stole property, broke promises, broke apart families, killed natives... You know, good God fearing down home Christian folk! :/

  2. Who gives a rats behind about all the fluffy ranking nonsense. What students having to pay off debt need to know is that all schools aren't created equal and students from many schools don't have a snowball's chance of getting a decent paying job straight out of law school. Their lowly ranked lawschool won't tell them that though. When schools start honestly (accurately) reporting *those numbers, things will get interesting real quick, and the looks on student's faces will be priceless!

  3. Whilst it may be true that Judges and Justices enjoy such freedom of time and effort, it certainly does not hold true for the average working person. To say that one must 1) take a day or a half day off work every 3 months, 2) gather a list of information including recent photographs, and 3) set up a time that is convenient for the local sheriff or other such office to complete the registry is more than a bit near-sighted. This may be procedural, and hence, in the near-sighted minds of the court, not 'punishment,' but it is in fact 'punishment.' The local sheriffs probably feel a little punished too by the overwork. Registries serve to punish the offender whilst simultaneously providing the public at large with a false sense of security. The false sense of security is dangerous to the public who may not exercise due diligence by thinking there are no offenders in their locale. In fact, the registry only informs them of those who have been convicted.

  4. Unfortunately, the court doesn't understand the difference between ebidta and adjusted ebidta as they clearly got the ruling wrong based on their misunderstanding

  5. A common refrain in the comments on this website comes from people who cannot locate attorneys willing put justice over retainers. At the same time the judiciary threatens to make pro bono work mandatory, seemingly noting the same concern. But what happens to attorneys who have the chumptzah to threatened the legal status quo in Indiana? Ask Gary Welch, ask Paul Ogden, ask me. Speak truth to power, suffer horrendously accordingly. No wonder Hoosier attorneys who want to keep in good graces merely chase the dollars ... the powers that be have no concerns as to those who are ever for sale to the highest bidder ... for those even willing to compromise for $$$ never allow either justice or constitutionality to cause them to stand up to injustice or unconstitutionality. And the bad apples in the Hoosier barrel, like this one, just keep rotting.

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