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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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  1. "So we broke with England for the right to "off" our preborn progeny at will, and allow the processing plant doing the dirty deeds (dirt cheap) to profit on the marketing of those "products of conception." I was completely maleducated on our nation's founding, it would seem. (But I know the ACLU is hard at work to remedy that, too.)" Well, you know, we're just following in the footsteps of our founders who raped women, raped slaves, raped children, maimed immigrants, sold children, stole property, broke promises, broke apart families, killed natives... You know, good God fearing down home Christian folk! :/

  2. Who gives a rats behind about all the fluffy ranking nonsense. What students having to pay off debt need to know is that all schools aren't created equal and students from many schools don't have a snowball's chance of getting a decent paying job straight out of law school. Their lowly ranked lawschool won't tell them that though. When schools start honestly (accurately) reporting *those numbers, things will get interesting real quick, and the looks on student's faces will be priceless!

  3. Whilst it may be true that Judges and Justices enjoy such freedom of time and effort, it certainly does not hold true for the average working person. To say that one must 1) take a day or a half day off work every 3 months, 2) gather a list of information including recent photographs, and 3) set up a time that is convenient for the local sheriff or other such office to complete the registry is more than a bit near-sighted. This may be procedural, and hence, in the near-sighted minds of the court, not 'punishment,' but it is in fact 'punishment.' The local sheriffs probably feel a little punished too by the overwork. Registries serve to punish the offender whilst simultaneously providing the public at large with a false sense of security. The false sense of security is dangerous to the public who may not exercise due diligence by thinking there are no offenders in their locale. In fact, the registry only informs them of those who have been convicted.

  4. Unfortunately, the court doesn't understand the difference between ebidta and adjusted ebidta as they clearly got the ruling wrong based on their misunderstanding

  5. A common refrain in the comments on this website comes from people who cannot locate attorneys willing put justice over retainers. At the same time the judiciary threatens to make pro bono work mandatory, seemingly noting the same concern. But what happens to attorneys who have the chumptzah to threatened the legal status quo in Indiana? Ask Gary Welch, ask Paul Ogden, ask me. Speak truth to power, suffer horrendously accordingly. No wonder Hoosier attorneys who want to keep in good graces merely chase the dollars ... the powers that be have no concerns as to those who are ever for sale to the highest bidder ... for those even willing to compromise for $$$ never allow either justice or constitutionality to cause them to stand up to injustice or unconstitutionality. And the bad apples in the Hoosier barrel, like this one, just keep rotting.

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