ILNews

Opinions May 23, 2014

May 23, 2014
Keywords
Back to TopE-mailPrintBookmark and Share

Indiana Court of Appeals
Andrew J. Rogers v. Sigma Chi International Fraternity, Theta Pi of Sigma Chi, Ancil Jackson, Brian Mifflin, Jr., and Joshua Kearby
84A04-1305-CT-224
Civil tort. Affirms summary judgment for Sigma Chi International fraternity, its Terre Haute chapter and Jackson, Mifflin and Kearby on Rogers’ claim the defendants should have protected him from being assaulted at a party. Sigma Chi did not have possession of the premises where Rogers was injured, the defendants had no duty to protect him from the assault, and the International fraternity was not vicariously liable for the acts of the persons at the premises because it had no actual or apparent authority over them.

In the Matter of the Civil Commitment of C.P., C.P. v. Community Hospital North/Gallahue Mental Health
49A02-1309-MH-770
Mental health. Affirms 90-day involuntary commitment to Community Hospital North. The psychiatrist’s testimony provided clear and convincing evidence that C.P. was gravely disabled.

Kenneth Griesemer v. State of Indiana
49A04-1308-CR-382
Criminal. Reverses conviction of Class A misdemeanor patronizing a prostitute. Because the evidence most favorable to the state permits an inference only that the police induced Griesemer’s criminal behavior, but does not contain any evidence permitting an inference that Griesemer was predisposed to commit patronizing a prostitute, entrapment was established as a matter of law. Chief Judge Nancy Vaidik dissents.

Christopher Bell v. State of Indiana (NFP)
82A04-1309-CR-478
Criminal. Affirms convictions of murder and Class C felony conspiracy to commit robbery.

Agav Properties, Avrohem Tkatch, and Elisheva Tkatch v. The City of South Bend and The South Bend Fire Department (NFP)
71A04-1308-PL-396
Civil plenary. Affirms grant of motion to dismiss and motion of summary judgment filed by the city of South Bend and the fire department on claims alleging negligence, intentional interference with a contractual relationship and violation of state and federal constitutional rights.

Town of New Pekin, Indiana v. Gail Stewart and Kermit Stewart (NFP)
88A01-1310-PL-442
Civil plenary. Affirms denial of the town’s motion for summary judgment and remands to the trial court for adjudication by the finder of fact.

R & M Construction, Inc., and Lake County Trust Company, as Trustee Under a Trust Agreement Dated May 17, 1989 and Known as Trust No. 1901 v. Twin Lakes Utilities, Inc. (NFP)
Civil collection. Affirms summary judgment on R&M's and the trust’s claims and reverses summary judgment to Twin Lakes as to its claim for declaratory judgment. Remands for further proceedings on Twin Lakes' claims.

Michael Nero v. Citimortgage, Inc. (NFP)
52A02-1312-MF-1017
Mortgage foreclosure. Affirms entry of summary judgment in favor of Citimortgage in its mortgage foreclosure action.

Adrian Walton v. State of Indiana (NFP)
49A04-1307-CR-365
Criminal. Affirms murder conviction.

In re the Marriage of: Carla Weiler v. Kevin P. Weiler (NFP)
45A03-1310-DR-424
Domestic relation. Affirms in part and vacates in part husband’s motion to enforce decree of dissolution of marriage. Remands for the trial court to order the parties to ensure the marital residence is listed for sale.

Ronald DeWayne Thompson v. State of Indiana (NFP)
45A04-1310-CR-511
Criminal. Affirms denial of request for mistrial.

EMR Consulting, Inc. v. Review Board of the Indiana Department of Workforce Development and Laura Shipp (NFP)
93A02-1308-EX-691
Agency action. Affirms decision to grant Shipp unemployment benefits.

The Indiana Supreme Court and Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.
 

ADVERTISEMENT

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. It's an appreciable step taken by the government to curb the child abuse that are happening in the schools. Employees in the schools those are selected without background check can not be trusted. A thorough background check on the teachers or any other other new employees must be performed to choose the best and quality people. Those who are already employed in the past should also be checked for best precaution. The future of kids can be saved through this simple process. However, the checking process should be conducted by the help of a trusted background checking agency(https://www.affordablebackgroundchecks.com/).

  2. Almost everything connects to internet these days. From your computers and Smartphones to wearable gadgets and smart refrigerators in your home, everything is linked to the Internet. Although this convenience empowers usto access our personal devices from anywhere in the world such as an IP camera, it also deprives control of our online privacy. Cyber criminals, hackers, spies and everyone else has realized that we don’t have complete control on who can access our personal data. We have to take steps to to protect it like keeping Senseless password. Dont leave privacy unprotected. Check out this article for more ways: https://www.purevpn.com/blog/data-privacy-in-the-age-of-internet-of-things/

  3. You need to look into Celadon not paying sign on bonuses. We call get the run

  4. My parents took advantage of the fact that I was homeless in 2012 and went to court and got Legal Guardianship I my 2 daughters. I am finally back on my feet and want them back, but now they want to fight me on it. I want to raise my children and have them almost all the time on the weekends. Mynparents are both almost 70 years old and they play favorites which bothers me a lot. Do I have a leg to stand on if I go to court to terminate lehal guardianship? My kids want to live with me and I want to raise them, this was supposed to be temporary, and now it is turning into a fight. Ridiculous

  5. Here's my two cents. While in Texas in 2007 I was not registered because I only had to do it for ten years. So imagine my surprise as I find myself forced to register in Texas because indiana can't get their head out of their butt long enough to realize they passed an ex post facto law in 2006. So because Indiana had me listed as a failure to register Texas said I had to do it there. Now if Indiana had done right by me all along I wouldn't need the aclu to defend my rights. But such is life.

ADVERTISEMENT