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

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  2. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  3. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

  4. Catholic, Lutheran, even the Baptists nuzzling the wolf! http://www.judicialwatch.org/press-room/press-releases/judicial-watch-documents-reveal-obama-hhs-paid-baptist-children-family-services-182129786-four-months-housing-illegal-alien-children/ YET where is the Progressivist outcry? Silent. I wonder why?

  5. Thank you, Honorable Ladies, and thank you, TIL, for this interesting interview. The most interesting question was the last one, which drew the least response. Could it be that NFP stamps are a threat to the very foundation of our common law American legal tradition, a throwback to the continental system that facilitated differing standards of justice? A throwback to Star Chamber’s protection of the landed gentry? If TIL ever again interviews this same panel, I would recommend inviting one known for voicing socio-legal dissent for the masses, maybe Welch, maybe Ogden, maybe our own John Smith? As demographics shift and our social cohesion precipitously drops, a consistent judicial core will become more and more important so that Justice and Equal Protection and Due Process are yet guiding stars. If those stars fall from our collective social horizon (and can they be seen even now through the haze of NFP opinions?) then what glue other than more NFP decisions and TRO’s and executive orders -- all backed by more and more lethally armed praetorians – will prop up our government institutions? And if and when we do arrive at such an end … will any then dare call that tyranny? Or will the cost of such dissent be too high to justify?

ADVERTISEMENT