ILNews

Opinions May 1, 2014

May 1, 2014
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Indiana Supreme Court
Alva Electric, Inc., Arc Construction Co., Inc., Danco Construction, Inc., Deig Bros. Lumber & Construction Co., Inc., et al. v. Evansville-Vanderburgh School Corporation and EVSC Foundation, Inc.
82S01-1307-PL-473
Civil plenary. Affirms summary judgment in favor of the defendants on the antitrust claim. Reverses summary judgment for the defendants on the issue of a public bidding violation. Holds the procedure employed by the school corporation to renovate one of its buildings violated Indiana’s Public Work Statute, but not the Antitrust Act. Remands with instructions to enter summary judgment in favor of the taxpayers who brought the lawsuit as well as a declaration that the transactions by the school corporation violated the Public Work Statute.

Daniel Brewington v. State of Indiana
15S01-1405-CR-309
Criminal. Grants transfer and affirms Brewington’s convictions for intimidating a judge and obstruction of justice related to a doctor, finding the evidence sufficient to support those convictions under I.C. 35-45-2-1(c)(1)-(3) – without implicating constitutional free-speech protections. Affirms Court of Appeals decision to reverse his intimidation convictions involving the doctor and judge’s wife and affirming Brewington’s perjury conviction.

Indiana Court of Appeals
Robert W. Evans v. State of Indiana (NFP)
79A04-1308-CR-386
Criminal. Affirms conviction of Class A felony dealing in methamphetamine.

In re the Marriage of: John Lane v. Leisa Lane (NFP)
49A02-1308-DR-698
Domestic relation. Reverses denial of John Lane’s motion for relief from judgment. Lane may file a notice of appeal from the dissolution decree with the clerk of Court of Appeals within 30 days of this opinion being certified.

In the Matter of the Termination of the Parent-Child Relationship of: R.J.L.E. (Minor Child), and B.E. (Father) v. The Indiana Department of Child Services (NFP)
02A03-1311-JT-450
Juvenile. Affirms termination of parental rights.

In the Matter of the Termination of the Parent-Child Relationship of: S.T. (Minor Child), and R.M. (Father) v. The Indiana Department of Child Services (NFP)
82A01-1309-JT-396
Juvenile. Affirms termination of parental rights.

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. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  2. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  3. 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.

  4. 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?

  5. 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.

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