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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 https://mycourts.in.gov/arguments/ .

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  1. Is it possible to amend an order for child support due to false paternity?

  2. He did not have an "unlicensed handgun" in his pocket. Firearms are not licensed in Indiana. He apparently possessed a handgun without a license to carry, but it's not the handgun that is licensed (or registered).

  3. Once again, Indiana's legislature proves how friendly it is to monopolies. This latest bill by Hershman demonstrates the lengths Indiana's representatives are willing to go to put big business's (especially utilities') interests above those of everyday working people. Maassal argues that if the technology (solar) is so good, it will be able to compete on its own. Too bad he doesn't feel the same way about the industries he represents. Instead, he wants to cut the small credit consumers get for using solar in order to "add a 'level of certainty'" to his industry. I haven't heard of or seen such a blatant money-grab by an industry since the days when our federal, state, and local governments were run by the railroad. Senator Hershman's constituents should remember this bill the next time he runs for office, and they should penalize him accordingly.

  4. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  5. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

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