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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. People have heard of Magna Carta, and not the Provisions of Oxford & Westminster. Not that anybody really cares. Today, it might be considered ethnic or racial bias to talk about the "Anglo Saxon common law." I don't even see the word English in the blurb above. Anyhow speaking of Edward I-- he was famously intolerant of diversity himself viz the Edict of Expulsion 1290. So all he did too like making parliament a permanent institution-- that all must be discredited. 100 years from now such commemorations will be in the dustbin of history.

  2. Oops, I meant discipline, not disciple. Interesting that those words share such a close relationship. We attorneys are to be disciples of the law, being disciplined to serve the law and its source, the constitutions. Do that, and the goals of Magna Carta are advanced. Do that not and Magna Carta is usurped. Do that not and you should be disciplined. Do that and you should be counted a good disciple. My experiences, once again, do not reveal a process that is adhering to the due process ideals of Magna Carta. Just the opposite, in fact. Braveheart's dying rebel (for a great cause) yell comes to mind.

  3. It is not a sign of the times that many Ind licensed attorneys (I am not) would fear writing what I wrote below, even if they had experiences to back it up. Let's take a minute to thank God for the brave Baron's who risked death by torture to tell the government that it was in the wrong. Today is a career ruination that whistleblowers risk. That is often brought on by denial of licenses or disciple for those who dare speak truth to power. Magna Carta says truth rules power, power too often claims that truth matters not, only Power. Fight such power for the good of our constitutional republics. If we lose them we have only bureaucratic tyranny to pass onto our children. Government attorneys, of all lawyers, should best realize this and work to see our patrimony preserved. I am now a government attorney (once again) in Kansas, and respecting the rule of law is my passion, first and foremost.

  4. I have dealt with more than a few I-465 moat-protected government attorneys and even judges who just cannot seem to wrap their heads around the core of this 800 year old document. I guess monarchial privileges and powers corrupt still ..... from an academic website on this fantastic "treaty" between the King and the people ... "Enduring Principles of Liberty Magna Carta was written by a group of 13th-century barons to protect their rights and property against a tyrannical king. There are two principles expressed in Magna Carta that resonate to this day: "No freeman shall be taken, imprisoned, disseised, outlawed, banished, or in any way destroyed, nor will We proceed against or prosecute him, except by the lawful judgment of his peers or by the law of the land." "To no one will We sell, to no one will We deny or delay, right or justice." Inspiration for Americans During the American Revolution, Magna Carta served to inspire and justify action in liberty’s defense. The colonists believed they were entitled to the same rights as Englishmen, rights guaranteed in Magna Carta. They embedded those rights into the laws of their states and later into the Constitution and Bill of Rights. The Fifth Amendment to the Constitution ("no person shall . . . be deprived of life, liberty, or property, without due process of law.") is a direct descendent of Magna Carta's guarantee of proceedings according to the "law of the land." http://www.archives.gov/exhibits/featured_documents/magna_carta/

  5. I'm not sure what's more depressing: the fact that people would pay $35,000 per year to attend an unaccredited law school, or the fact that the same people "are hanging in there and willing to follow the dean’s lead in going forward" after the same school fails to gain accreditation, rendering their $70,000 and counting education worthless. Maybe it's a good thing these people can't sit for the bar.

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