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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. Not enough copperheads here to care anymore, is my guess. Otherwise, a totally pointless gesture. ... Oh wait: was this done because somebody want to avoid bad press - or was it that some weak kneed officials cravenly fear "protest" violence by "urban youths.."

  2. Should be beat this rap, I would not recommend lion hunting in Zimbabwe to celebrate.

  3. No second amendment, pro life, pro traditional marriage, reagan or trump tshirts will be sold either. And you cannot draw Mohammed even in your own notebook. And you must wear a helmet at all times while at the fair. And no lawyer jokes can be told except in the designated protest area. And next year no crucifixes, since they are uber offensive to all but Catholics. Have a nice bland day here in the Lego movie. Remember ... Everything is awesome comrades.

  4. Thank you for this post . I just bought a LG External DVD It came with Cyber pwr 2 go . It would not play on Lenovo Idea pad w/8.1 . Your recommended free VLC worked great .

  5. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

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