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Opinions April 21, 2011

April 21, 2011
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Indiana Supreme Court
Tom George, et al. v. National Collegiate Athletic Association
94S00-1010-CQ-544
Certified question. The NCAA’s ticket-allocation process for championship sporting events – only refunding the face value and not a handling fee to unsuccessful applicants – is not an illegal lottery under Indiana law because no prize was awarded to those applicants who received the opportunity to purchase tickets. Where an event coordinator creates the primary market for event tickets, the fair-market value of the tickets is equal to their face value and there is no “prize.”  

Bradley J. Love v. Robert Rehfus, et al.
30S01-1004-CV-162
Civil. Reverses in whole the order granting summary judgment for the defendants and remands for proceedings consistent with the opinion. The email that firefighter Love sent was constitutionally protected speech under the test set forth in Pickering and its progeny, and there are genuine issues of material fact that must be resolved in order to determine whether the township is liable for the fire chief’s actions. Fire Chief Rehfus fired Love because he believed the private email – which supported a political candidate – contained false statements of fact.

Indiana Court of Appeals
Rebecca D. Kays v. State of Indiana
42A05-1007-CR-504
Criminal. Reverses order Kays pay restitution as part of her probation for Class B misdemeanor battery. The trial court didn’t adequately inquire into her ability to pay or the manner in which she was to pay. On remand, the trial court should revisit the documentation, if it exists, submitted as to the victim’s damages and determine whether the amount of restitution ordered reflects the amount actually paid by the victim.

Michael L. Alexander v. State of Indiana
71A04-1006-CR-372
Criminal. Affirms conviction of Class B felony operating a motor vehicle after a lifetime suspension of driving privileges. Police inspection of BMV records doesn’t implicate the Fourth Amendment, so the police stop of Alexander based on the information in his driver’s record was permissible.

Charles R. Bilyeu v. Frani Bilyeu (NFP)
06A05-1006-DR-356
Domestic relation. Reverses order that Charles Bilyeu pay the attorney fees of his wife upon the dissolution of their marriage. Remands with instructions.

Scott F. Carbary v. Shawn Miller d/b/a SignificantCars.com (NFP)
49A02-1005-PL-582
Civil plenary. Affirms summary judgment in favor of Shawn Miller on Miller’s suit to collect a commission. Awards Miller appellate attorney fees and remands for determination of the appellate attorney fees award.

A.C., et al., Alleged to be C.H.I.N.S.; D.B. v. I.D.C.S. (NFP)
49A05-1002-JC-154
Juvenile. Grants rehearing to clarify why In Re M.R. is distinguishable, directs the juvenile court to amend the participation degree, and affirms original opinion in all other respects.

Stephen C. Wood v. State of Indiana (NFP)
28A01-1009-CR-515
Criminal. Affirms conviction of and sentence for Class B felony conspiracy to commit dealing in methamphetamine.

S.T.S. v. State of Indiana (NFP)
47A05-1009-JV-558
Juvenile. Affirms finding S.T.S. is a juvenile delinquent for committing what would be Class C felony burglary if committed by an adult.

Travis S. Chandler v. State of Indiana (NFP)
28A04-1009-CR-574
Criminal. Affirms convictions of two counts of Class D felony battery on a law enforcement officer resulting in bodily injury and one count of Class A misdemeanor resisting law enforcement.

Eric A. Simmons v. State of Indiana (NFP)
65A01-1008-CR-389
Criminal. Affirms conviction of Class B felony dealing in methamphetamine.

Indiana Tax Court had posted no opinions at IL deadline.
 

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  1. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

  2. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  3. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  4. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  5. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

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