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Justices take case alleging Wabash hazing

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The Indiana Supreme Court will determine whether a college and a fraternity are liable for injuries a student received as a result of a prank, and whether the incident rises to hazing.

Justices on Monday agreed to hear Brian Yost v. Wabash College, Phi Kappa Psi Fraternity, Inc., Phi Kappa Psi Fraternity - Indiana Gamma Chapter at Wabash College, and Nathan Cravens, 54A01-1201-CT-31, which divided a Court of Appeals panel. The majority found that a “showering” episode in which four fraternity brothers forcibly carried Yost to the shower and ran water on him was not hazing. Judge Nancy Vaidik dissented.

Yost said he was placed in a chokehold, lost consciousness and was injured during the showering, and he eventually withdrew from college.

Justices on Monday also granted transfer in four other cases. They are:

  • Phillip T. Billingsley v. State of Indiana, 02A05-1204-CR-216, in which a man convicted of Class D felony possession of marijuana appeals had his motion to suppress evidence denied.
  • American Cold Storage, et al. v. The City of Boonville, 87A01-1112-PL-610, in which a divided appeals court reversed a trial court decision upholding an annexation by the city, holding that the trial court erred by counting separate state-owned parcels of a highway for purposes of remonstrance.
  • Patrick Austin v. State of Indiana, 20A03-1112-CR-588, in which the Court of Appeals rejected Patrick Austin’s bid to overturn two Class A felony possession of cocaine convictions because he was denied a speedy trial and because a tendered jury instruction was rejected.
  •  In the Matter of the Adoption of Minor Children: C.B.M. and C.R.M.: C.A.B. v. J.D.M. and K.L.M., 37A03-1204-AD-149, in which an appellate panel reversed a trial court and ruled that a birth mother was denied due process when her children were adopted while an appeal of her termination of parental rights was pending.


Justices declined to grant transfer in 20 cases. Transfers for the week ending March 8 may be viewed here.



 

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  1. I'm not sure what's more depressing: the fact that people would pay $35,000 per year to attend an unaccredited law school, or the fact that the same people "are hanging in there and willing to follow the dean’s lead in going forward" after the same school fails to gain accreditation, rendering their $70,000 and counting education worthless. Maybe it's a good thing these people can't sit for the bar.

  2. Such is not uncommon on law school startups. Students and faculty should tap Bruce Green, city attorney of Lufkin, Texas. He led a group of studnets and faculty and sued the ABA as a law student. He knows the ropes, has advised other law school startups. Very astute and principled attorney of unpopular clients, at least in his past, before Lufkin tapped him to run their show.

  3. Not that having the appellate records on Odyssey won't be welcome or useful, but I would rather they first bring in the stray counties that aren't yet connected on the trial court level.

  4. Aristotle said 350 bc: "The most hated sort, and with the greatest reason, is usury, which makes a gain out of money itself, and not from the natural object of it. For money was intended to be used in exchange, but not to increase at interest. And this term interest, which means the birth of money from money, is applied to the breeding of money because the offspring resembles the parent. Wherefore of an modes of getting wealth this is the most unnatural.

  5. Oh yes, lifetime tenure. The Founders gave that to the federal judges .... at that time no federal district courts existed .... so we are talking the Supreme Court justices only in context ....so that they could rule against traditional marriage and for the other pet projects of the sixties generation. Right. Hmmmm, but I must admit, there is something from that time frame that seems to recommend itself in this context ..... on yes, from a document the Founders penned in 1776: " He has refused his Assent to Laws, the most wholesome and necessary for the public good."

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