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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. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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