ILNews

Opinions April 21, 2011

April 21, 2011
Keywords
Back to TopE-mailPrintBookmark and Share

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.
 

ADVERTISEMENT

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

ADVERTISEMENT