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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. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  2. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

  3. I will agree with that as soon as law schools stop lying to prospective students about salaries and employment opportunities in the legal profession. There is no defense to the fraudulent numbers first year salaries they post to mislead people into going to law school.

  4. 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.

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

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