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Opinions Feb. 13, 2014

February 13, 2014
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Indiana Supreme Court
Brian Yost v. Wabash College, Phi Kappa Psi Fraternity- Indiana Gamma Chapter at Wabash College, Phi Kappa Psi Fraternity, Inc., and Nathan Cravens
54S01-1303-CT-161
Civil tort. Reverses grant of summary judgment for the campus fraternity but affirms summary judgment for the college and national fraternity organization in the personal injury action brought by a fraternity pledge seeking damages for injuries sustained in an incident at the Phi Kappa Psi fraternity house. Holds that the designated evidence shows that there is no genuine issue as to any material fact and that Wabash College and the national fraternity, Phi Kappa Psi Fraternity, Inc., are each entitled to summary judgment as a matter of law, but that as to the local fraternity, Phi Kappa Psi Fraternity – Indiana Gamma Chapter at Wabash College, there remain genuine issues of material fact that preclude summary judgment. Justice Rucker concurs in part and dissents in part. Remands for further proceedings.

Indiana Court of Appeals
State of Indiana, acting on behalf of the Indiana Family & Social Services Administration v. International Business Machines Corporation
49A02-1211-PL-875
Civil plenary. Reverses finding that there was no material breach by IBM, but affirms award of $40 million in assignment fees and $9,510,795 in equipment fees to IBM. Affirms the trial court’s denial of deferred fees to IBM, reverses the trial court’s award of $2,570,621 in early termination close out payments and $10,632,333 in prejudgment interest to IBM, and remands the case to the trial court to determine the amount of fees IBM is entitled to for Change Orders 119 and 133. Remands the case to the trial court to determine the state’s damages for IBM’s material breach of the contract and to offset any damages awarded to IBM. Judge Friedlander concurs in part and dissents in part.

Wendy Thompson v. State of Indiana
61A01-1305-CR-207
Criminal. Affirms convictions and seven-year consecutive sentence for four counts of Class D felony operating a motor vehicle with a blood-alcohol concentration of at least 0.08 causing serious bodily injury. This Class D felony is a “crime of violence” within the meaning of I.C. 35-5-1-2(a), so her sentence does not exceed the maximum allowable under the consecutive-sentencing statute. Finds her sentence appropriate in light of the nature of the offenses and her character.

Rodregus Morgan v. State of Indiana
49A02-1304-CR-386
Criminal. Reverses conviction of Class B misdemeanor public intoxication. Holds the challenged portion of Indiana’s public intoxication statute is unconstitutionally vague as it neither requires that a defendant specifically intended to annoy another, nor does it employ an objective standard to assess whether a defendant’s conduct would be annoying to a reasonable person. Affirms conviction of Class B misdemeanor disorderly conduct.

Larry Edward Flick v. Jewell Reuter
47A01-1303-PL-135
Civil plenary. Reverses summary judgment for Reuter on claims of adverse possession, prescriptive easement and trespass. Reuter is unable to prove she paid taxes on the land since 1988. Affirms awarding her nearly $30,000 in damages caused by Flick in his attempts to evict her from the land he purchased in a foreclosure sale.

Detrick L. Brown v. State of Indiana (NFP)
02A05-1309-CR-455
Criminal. Affirms conviction of Class C felony carrying a handgun without a license.

Duane Fry v. State of Indiana (NFP)
49A02-1306-CR-544
Criminal. Affirms convictions of Class B felony burglary and Class A misdemeanor criminal mischief.

Elgin Lamont Hoyle v. State of Indiana (NFP)
45A04-1307-CR-363
Criminal. Affirms sentence following guilty plea to Class B felony dealing in a narcotic drug.

Andrew T. Stout v. State of Indiana (NFP)
62A01-1305-CR-222
Criminal. Affirms denial of motion to withdraw guilty pleas for Class B felony burglary and Class D felony theft.

Wabash County Hospital Foundation, Inc. d/b/a Wabash County Hospital and Carole Riley v. Hai Lee (NFP)
85A04-1306-CT-291
Civil tort. Affirms denial of appellants’ motion to dismiss for lack of subject-matter jurisdiction.

Charles Poling v. Property Owners Insurance Company (NFP)
27A02-1307-PL-585
Civil plenary. Affirms denial of Poling’s request to amend his complaint for a second time and dismissal of the Poling’s lawsuit.

The Indiana Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.

 

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  2. The ADA acts as a tax upon all for the benefit of a few. And, most importantly, the many have no individual say in whether they pay the tax. Those with handicaps suffered in military service should get a pass, but those who are handicapped by accident or birth do NOT deserve that pass. The drivel about "equal access" is spurious because the handicapped HAVE equal access, they just can't effectively use it. That is their problem, not society's. The burden to remediate should be that of those who seek the benefit of some social, constructional, or dimensional change, NOT society generally. Everybody wants to socialize the costs and concentrate the benefits of government intrusion so that they benefit and largely avoid the costs. This simply maintains the constant push to the slop trough, and explains, in part, why the nation is 20 trillion dollars in the hole.

  3. Hey 2 psychs is never enough, since it is statistically unlikely that three will ever agree on anything! New study admits this pseudo science is about as scientifically valid as astrology ... done by via fortune cookie ....John Ioannidis, professor of health research and policy at Stanford University, said the study was impressive and that its results had been eagerly awaited by the scientific community. “Sadly, the picture it paints - a 64% failure rate even among papers published in the best journals in the field - is not very nice about the current status of psychological science in general, and for fields like social psychology it is just devastating,” he said. http://www.theguardian.com/science/2015/aug/27/study-delivers-bleak-verdict-on-validity-of-psychology-experiment-results

  4. Indianapolis Bar Association President John Trimble and I are on the same page, but it is a very large page with plenty of room for others to join us. As my final Res Gestae article will express in more detail in a few days, the Great Recession hastened a fundamental and permanent sea change for the global legal service profession. Every state bar is facing the same existential questions that thrust the medical profession into national healthcare reform debates. The bench, bar, and law schools must comprehensively reconsider how we define the practice of law and what it means to access justice. If the three principals of the legal service profession do not recast the vision of their roles and responsibilities soon, the marketplace will dictate those roles and responsibilities without regard for the public interests that the legal profession professes to serve.

  5. I have met some highly placed bureaucrats who vehemently disagree, Mr. Smith. This is not your father's time in America. Some ideas are just too politically incorrect too allow spoken, says those who watch over us for the good of their concept of order.

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