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Opinions July 16, 2010

July 16, 2010
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7th Circuit Court of Appeals
Tom George, et al. v. National Collegiate Athletic Association
09-3667
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge William T. Lawrence.
Civil. Reverses dismissal of the plaintiffs’ entire second amendment complaint alleging the NCAA’s ticket-allocation process is an illegal lottery. Because plaintiffs sufficiently pleaded that the NCAA conducted a lottery, the bona-fide-business-transaction exception to the statutory definition of gambling is of no effect. The District Court erred in holding that the doctrine of in pari delicto bars plaintiffs from seeking relief from the court. Remanded for further proceedings. Judge Cudahy dissents.

Tamika Jones v. Res-Care, Inc. and Shane McFall
09-3076
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge William T. Lawrence.
Civil. Affirms summary judgment for Res-Care and McFall in Jones’ suit alleging race discrimination, retaliation, and various state-law claims. Jones’ Title VII claims, with the exception of her retaliation claim, are barred, and affirms summary judgment with respect to the state claims of defamation and vicarious liability. She failed to establish a prima facie case under the direct method on her retaliation claim.

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals

Nathaniel L. Williams v. State of Indiana
18A02-0911-CR-1092
Criminal. Affirms convictions of two counts of Class A felony dealing in cocaine, one conviction of Class C felony possession of a controlled substance and Class D felony maintaining a common nuisance. Reverses and vacates one Class C felony conviction and remands for the trial court to correct its records to reflect the vacation of the conviction. The admission of the confidential informant’s statements did not violate Williams’ right to confront witnesses. Williams didn’t preserve for appellate review his claim that the trial court failed to properly admonish the jury.

Ruth M. Brown v. Alliance Environmental, Inc. v. R. Bruce Wallace (NFP)
49A02-0909-CV-854
Civil. Reverses part of order that awarded Brown compensatory damages resulting from Wallace’s breach of the fiduciary duty that he owed to Brown and in finding Brown held a 12 percent ownership interest in Alliance at the time of the asset sale in 2005. Remands for further proceedings. Affirms order in all other respects.

Aaron Spears v. State of Indiana (NFP)
49A02-0912-CR-1194
Criminal. Affirms conviction of Class A misdemeanor battery.

Wendy G. Thomas, as personal representative of the estate of William T. Dollard, deceased v. Carol Sparks Drake, et al. (NFP)
06A05-0907-CV-427
Civil. Grants estate’s petition for rehearing and affirms original opinion affirming summary judgment in favor of Drake.  

D.L. v. State of Indiana (NFP)
49A02-0908-JV-781
Juvenile. Affirms placement at Kokomo Academy.

Michael Shelton Scott v. State of Indiana (NFP)
48A02-1003-CR-235
Criminal. Affirms 40-year sentence for Class A felony child molesting.

Raymond Baird and George M. Cox v. State of Indiana (NFP)
31A01-0910-CR-514
Criminal. Affirms denial of Baird and Cox’s motion for review of numerous claims of error relating to the trial court’s bond schedule and conditions of bond.

Estate of Mary L. Riley and Marjorie R. Potts v. James Riley (NFP)
08A02-1001-ES-33
Estate supervised. Affirms decision in favor of James Riley’s son, trust, and grandchildren.

G.M. v. I.D.C.S. (NFP)
49A02-1001-JT-13
Juvenile. Affirms involuntary termination of parental rights.

J.M.O. v. J.C.D; J.M.O. v. D.H.M. (NFP)
07A01-0910-CV-478
Civil. Reverses denial of J.M.O.’s petitions for protective orders against her child’s father and his fiancée. Remands for further proceedings.

Aaron R. Ross v. State of Indiana (NFP)
49A05-0911-CR-637
Criminal. Affirms convictions of Class A felony dealing in cocaine, Class C felonies possession of cocaine and a firearm, and carrying a handgun without a license, and three counts of Class D felony possession of a controlled substance.

Joseph Matthews v. City of Indianapolis (NFP)
49A02-1002-CT-110
Civil tort. Reverses summary judgment for City of Indianapolis in Matthews’ complaint alleging the city negligently failed to place or replace a stop sign at an intersection and that proximately caused his injuries.

M.L. v. State of Indiana (NFP)
49A02-1001-JV-68
Juvenile. Affirms adjudication for committing what would be Class D felony possession of cocaine if committed by an adult.

Charles Orr v. State of Indiana (NFP)
28A01-0912-CR-603
Criminal. Affirms sentence following guilty plea to burglary as a Class B felony.

K.W. v. L.C. (NFP)
14A01-0911-CV-542
Civil. Affirms denial of K.W.’s petition to terminate guardianship.

Indiana Tax Court had posted no opinions at IL deadline.
 

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  1. The sad thing is that no fish were thrown overboard The "greenhorn" who had never fished before those 5 days was interrogated for over 4 hours by 5 officers until his statement was illicited, "I don't want to go to prison....." The truth is that these fish were measured frozen off shore and thawed on shore. The FWC (state) officer did not know fish shrink, so the only reason that these fish could be bigger was a swap. There is no difference between a 19 1/2 fish or 19 3/4 fish, short fish is short fish, the ticket was written. In addition the FWC officer testified at trial, he does not measure fish in accordance with federal law. There was a document prepared by the FWC expert that said yes, fish shrink and if these had been measured correctly they averaged over 20 inches (offshore frozen). This was a smoke and mirror prosecution.

  2. I love this, Dave! Many congrats to you! We've come a long way from studying for the bar together! :)

  3. This outbreak illustrates the absurdity of the extreme positions taken by today's liberalism, specifically individualism and the modern cult of endless personal "freedom." Ebola reminds us that at some point the person's own "freedom" to do this and that comes into contact with the needs of the common good and "freedom" must be curtailed. This is not rocket science, except, today there is nonstop propaganda elevating individual preferences over the common good, so some pundits have a hard time fathoming the obvious necessity of quarantine in some situations....or even NATIONAL BORDERS...propagandists have also amazingly used this as another chance to accuse Western nations of "racism" which is preposterous and offensive. So one the one hand the idolatry of individualism has to stop and on the other hand facts people don't like that intersect with race-- remain facts nonetheless. People who respond to facts over propaganda do better in the long run. We call it Truth. Sometimes it seems hard to find.

  4. It would be hard not to feel the Kramers' anguish. But Catholic Charities, by definition, performed due diligence and held to the statutory standard of care. No good can come from punishing them for doing their duty. Should Indiana wish to change its laws regarding adoption agreements and or putative fathers, the place for that is the legislature and can only apply to future cases. We do not apply new laws to past actions, as the Kramers seem intent on doing, to no helpful end.

  5. I am saddened to hear about the loss of Zeff Weiss. He was an outstanding member of the Indianapolis legal community. My thoughts are with his family.

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