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 .


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  1. I think the cops are doing a great job locking up criminals. The Murder rates in the inner cities are skyrocketing and you think that too any people are being incarcerated. Maybe we need to lock up more of them. We have the ACLU, BLM, NAACP, Civil right Division of the DOJ, the innocent Project etc. We have court system with an appeal process that can go on for years, with attorneys supplied by the government. I'm confused as to how that translates into the idea that the defendants are not being represented properly. Maybe the attorneys need to do more Pro-Bono work

  2. We do not have 10% of our population (which would mean about 32 million) incarcerated. It's closer to 2%.

  3. If a class action suit or other manner of retribution is possible, count me in. I have email and voicemail from the man. He colluded with opposing counsel, I am certain. My case was damaged so severely it nearly lost me everything and I am still paying dearly.

  4. There's probably a lot of blame that can be cast around for Indiana Tech's abysmal bar passage rate this last February. The folks who decided that Indiana, a state with roughly 16,000 to 18,000 attorneys, needs a fifth law school need to question the motives that drove their support of this project. Others, who have been "strong supporters" of the law school, should likewise ask themselves why they believe this institution should be supported. Is it because it fills some real need in the state? Or is it, instead, nothing more than a resume builder for those who teach there part-time? And others who make excuses for the students' poor performance, especially those who offer nothing more than conspiracy theories to back up their claims--who are they helping? What evidence do they have to support their posturing? Ultimately, though, like most everything in life, whether one succeeds or fails is entirely within one's own hands. At least one student from Indiana Tech proved this when he/she took and passed the February bar. A second Indiana Tech student proved this when they took the bar in another state and passed. As for the remaining 9 who took the bar and didn't pass (apparently, one of the students successfully appealed his/her original score), it's now up to them (and nobody else) to ensure that they pass on their second attempt. These folks should feel no shame; many currently successful practicing attorneys failed the bar exam on their first try. These same attorneys picked themselves up, dusted themselves off, and got back to the rigorous study needed to ensure they would pass on their second go 'round. This is what the Indiana Tech students who didn't pass the first time need to do. Of course, none of this answers such questions as whether Indiana Tech should be accredited by the ABA, whether the school should keep its doors open, or, most importantly, whether it should have even opened its doors in the first place. Those who promoted the idea of a fifth law school in Indiana need to do a lot of soul-searching regarding their decisions. These same people should never be allowed, again, to have a say about the future of legal education in this state or anywhere else. Indiana already has four law schools. That's probably one more than it really needs. But it's more than enough.

  5. This man Steve Hubbard goes on any online post or forum he can find and tries to push his company. He said court reporters would be obsolete a few years ago, yet here we are. How does he have time to search out every single post about court reporters and even spy in private court reporting forums if his company is so successful???? Dude, get a life. And back to what this post was about, I agree that some national firms cause a huge problem.