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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. The sad thing is that no fish were thrown overboard The "greenhorn" who had never fished before those 5 days was interrogated for over 4 hours by 5 officers until his statement was illicited, "I don't want to go to prison....." The truth is that these fish were measured frozen off shore and thawed on shore. The FWC (state) officer did not know fish shrink, so the only reason that these fish could be bigger was a swap. There is no difference between a 19 1/2 fish or 19 3/4 fish, short fish is short fish, the ticket was written. In addition the FWC officer testified at trial, he does not measure fish in accordance with federal law. There was a document prepared by the FWC expert that said yes, fish shrink and if these had been measured correctly they averaged over 20 inches (offshore frozen). This was a smoke and mirror prosecution.

  2. I love this, Dave! Many congrats to you! We've come a long way from studying for the bar together! :)

  3. This outbreak illustrates the absurdity of the extreme positions taken by today's liberalism, specifically individualism and the modern cult of endless personal "freedom." Ebola reminds us that at some point the person's own "freedom" to do this and that comes into contact with the needs of the common good and "freedom" must be curtailed. This is not rocket science, except, today there is nonstop propaganda elevating individual preferences over the common good, so some pundits have a hard time fathoming the obvious necessity of quarantine in some situations....or even NATIONAL BORDERS...propagandists have also amazingly used this as another chance to accuse Western nations of "racism" which is preposterous and offensive. So one the one hand the idolatry of individualism has to stop and on the other hand facts people don't like that intersect with race-- remain facts nonetheless. People who respond to facts over propaganda do better in the long run. We call it Truth. Sometimes it seems hard to find.

  4. It would be hard not to feel the Kramers' anguish. But Catholic Charities, by definition, performed due diligence and held to the statutory standard of care. No good can come from punishing them for doing their duty. Should Indiana wish to change its laws regarding adoption agreements and or putative fathers, the place for that is the legislature and can only apply to future cases. We do not apply new laws to past actions, as the Kramers seem intent on doing, to no helpful end.

  5. I am saddened to hear about the loss of Zeff Weiss. He was an outstanding member of the Indianapolis legal community. My thoughts are with his family.

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