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Opinions June 18, 2012

June 18, 2012
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Indiana Supreme Court and Indiana Tax Court had issued no opinions by IL deadline.

7th Circuit Court of Appeals

Joseph Agnew v. NCAA
United States District Court, Southern District of Indiana, Indianapolis Division, Judge Jane Magnus-Stinson.
11-3066
Civil. Affirms District Court’s dismissal of lawsuit against the NCAA, holding plaintiffs failed to show that the NCAA’s policies limiting athletic scholarships violate the Sherman Act, because the case does not present for discussion the existence of a student athlete labor market.

Indiana Court of Appeals
Don Morris and Randy Coakes v. Brad Crain, Richard Redpath, BioSafe Engineering, LLC, Steve Biesecker, Tyler Johnson, Brandon Ross and Cris Sollars
32A01-1109-PL-414
Civil plenary. Reverses trial court summary judgment in favor of several defendants in a company ownership dispute, holding that the order included a procedure inconsistent with summary judgment.

Shepell Orr v. State of Indiana
45A03-1107-CR-308
Criminal. Affirms two murder convictions imposed by the trial court, ruling the court did not reversibly err in allowing the state to try to impeach a witness with extrinsic evidence of a prior inconsistent statement.

Peru School Corp. a/k/a Peru Comm. Schools v. Gary Grant v. Peru School Corp. a/k/a Peru Comm. Schools and Stanley Hall
52A04-1107-PL-352
Civil plenary. The trial court erred in denying Peru School Corp.’s motion for judgment on the evidence as it pertains to Grant’s employment as an at-will custodian because there is no substantial evidence of detrimental reliance, which is required to defeat the presumption of at-will employment. But because there is a genuine issue of material fact as to why Grant was fired, the appellate court finds the trial court properly denied the school corporation’s motion for summary judgment and allowed the issue of wrongful termination to go to a jury. Holds Grant is only entitled to nearly $2,500 in damages, not the $175,000 awarded by the jury. Remands for further proceedings.

Sandra Mourfield v. Melvin Mourfield (NFP)
48A05-1111-DR-666
Domestic relation. Reverses trial court’s grant of father’s petition to modify child support, holding the father’s retirement and reduced income were a result of his intentional criminal misconduct. Remands for the trial court to enter a new order reflecting father’s original child support obligation.

Corey Weaver v. State of Indiana (NFP)
49A04-1111-CR-612
Criminal. Reverses and remands with instructions to vacate either Class D felony criminal confinement or Class D felony pointing a firearm, along with the corresponding sentence, holding that the two charges arose from the same offense. Affirms the trial court in all other regards.

Indiana State Police v. Earnest Howard, Jr. (NFP)
45A04-1110-MI-568
Miscellaneous. Holds the trial court’s order overturning the decision of an Administrative Law Judge was in error, as was its denial of Indiana State Police’s motion to dismiss Howard’s petition. Reverses and remands to the trial court to reinstate the ALJ’s decision.

Courtney G. Tressler v. State of Indiana (NFP)
16A05-1112-CR-699
Criminal. Affirms 10-year executed sentence for Class B felony neglect of a dependant.

In Re the Term. of the Parent-Child Rel. of J.L.S., N.S., and M.S.; and A.S. and D.F., and J.S. v. The Indiana Dept. of Child Services (NFP)
79A02-1111-JT-1123
Juvenile. Affirms termination of parental rights for mother and the two fathers of her three children.

Kevin Perry v. State of Indiana (NFP)
49A05-1111-CR-575
Criminal. Affirms conviction of Class A misdemeanor battery.

Filmcraft Laboratories, Inc. v. 5200 Keystone Limited Realty, LLC (NFP)
49A02-1107-CT-676
Civil tort. Reverses trial court’s grant of summary judgment against Filmcraft Laboratories, holding that a Continuing Guaranty agreement does not show that Filmcraft would be liable for environmental clean-up costs. Affirms the trial court in other regards.

William Capps, Jr. v. State of Indiana (NFP)
29A02-1108-CR-694
Criminal. Reverses trial court’s decision to deny Capps’ motion for a directed verdict and remands for the court to vacate the conviction of and sentence for Class C felony battery and to enter a judgment of conviction for and sentence on the inherently included offense of Class A misdemeanor battery.  

Tina R. Like Simmons v. State of Indiana (NFP)
63A05-1111-CR-615
Criminal. Affirms convictions of Class C felony neglect of a dependant, Class D felony possession of methamphetamine and Class D felony maintaining a common nuisance.

 

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  1. No second amendment, pro life, pro traditional marriage, reagan or trump tshirts will be sold either. And you cannot draw Mohammed even in your own notebook. And you must wear a helmet at all times while at the fair. And no lawyer jokes can be told except in the designated protest area. And next year no crucifixes, since they are uber offensive to all but Catholics. Have a nice bland day here in the Lego movie. Remember ... Everything is awesome comrades.

  2. Thank you for this post . I just bought a LG External DVD It came with Cyber pwr 2 go . It would not play on Lenovo Idea pad w/8.1 . Your recommended free VLC worked great .

  3. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

  4. Good points, although this man did have a dog in the legal fight as that it was his mother on trial ... and he a dependent. As for parking spaces, handicap spots for pregnant women sure makes sense to me ... er, I mean pregnant men or women. (Please, I meant to include pregnant men the first time, not Room 101 again, please not Room 101 again. I love BB)

  5. I have no doubt that the ADA and related laws provide that many disabilities must be addressed. The question, however, is "by whom?" Many people get dealt bad cards by life. Some are deaf. Some are blind. Some are crippled. Why is it the business of the state to "collectivize" these problems and to force those who are NOT so afflicted to pay for those who are? The fact that this litigant was a mere spectator and not a party is chilling. What happens when somebody who speaks only East Bazurkistanish wants a translator so that he can "understand" the proceedings in a case in which he has NO interest? Do I and all other taxpayers have to cough up? It would seem so. ADA should be amended to provide a simple rule: "Your handicap, YOUR problem". This would apply particularly to handicapped parking spaces, where it seems that if the "handicap" is an ingrown toenail, the government comes rushing in to assist the poor downtrodden victim. I would grant wounded vets (IED victims come to mind in particular) a pass on this.. but others? Nope.

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