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Opinions May 14, 2013

May 14, 2013
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Indiana Supreme Court
State of Indiana v. John Doe
49S00-1201-CT-14
Civil tort. Reverses judgment declaring I.C. 34-51-3-4, -5, and -6 impermissibly inconsistent with Article 1, Section 20 and Article 3, Section 1 of the Indiana Constitution. The cap and allocation scheme of punitive damages does not infringe upon the right to a jury trial, and the cap does not offend the separation of powers. Remands with instructions to grant Stewart’s motion to reduce the punitive damages to the statutory maximum and order that 75 percent of the award be deposited in the Violent Crime Victim Compensation Fund.  

Girl Scouts of Southern Illinois v. Vincennes Indiana Girls, Inc.
42S00-1210-PL-597
Civil plenary. Affirms trial court grant of summary judgment quieting title in Vincennes Indiana Girls Inc. Concludes that the Contracts Clause of the Indiana Constitution protects the enforceability of a 49-year land use limitation imposed by VIG despite a subsequently enacted statute, Indiana Code 32-17-10-2, that purports to limit reversionary clauses in land transactions to a maximum of 30 years. The dissolution of VIG did not terminate its existence or surrender its charter, and so its reversionary rights did not terminate by operation of the deed. Though the parties only intended the restriction to run for 49 years instead of indefinitely, their contract would nevertheless be substantially impaired if it were cut off after just 30 years by applying I.C. 32-17-10-2.

Indiana Court of Appeals
Terrence T. Walker v. State of Indiana
45A04-1208-CR-441
Criminal. Affirms conviction of Class C felony child molesting involving fondling or touching. Fundamental error did not occur as a result of any inadmissible testimony by the victim’s father. The trial court did not err in failing to instruct the jury on Class D felony sexual battery because it is not an inherently or factually included offense of Class C felony child molesting as charged. The trial court did not abuse its discretion in replacing the only African-American juror.

David A. Warner v. State of Indiana (NFP)
07A05-1207-CR-386
Criminal. Affirms convictions of Class B felony dealing in methamphetamine and Class B misdemeanor possession of a switchblade.

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. File under the Sociology of Hoosier Discipline ... “We will be answering the complaint in due course and defending against the commission’s allegations,” said Indianapolis attorney Don Lundberg, who’s representing Hudson in her disciplinary case. FOR THOSE WHO DO NOT KNOW ... Lundberg ran the statist attorney disciplinary machinery in Indy for decades, and is now the "go to guy" for those who can afford him .... the ultimate insider for the well-to-do and/or connected who find themselves in the crosshairs. It would appear that this former prosecutor knows how the game is played in Circle City ... and is sacrificing accordingly. See more on that here ... http://www.theindianalawyer.com/supreme-court-reprimands-attorney-for-falsifying-hours-worked/PARAMS/article/43757 Legal sociologists could have a field day here ... I wonder why such things are never studied? Is a sacrifice to the well connected former regulators a de facto bribe? Such questions, if probed, could bring about a more just world, a more equal playing field, less Stalinist governance. All of the things that our preambles tell us to value could be advanced if only sunshine reached into such dark worlds. As a great jurist once wrote: "Publicity is justly commended as a remedy for social and industrial diseases. Sunlight is said to be the best of disinfectants; electric light the most efficient policeman." Other People's Money—and How Bankers Use It (1914). Ah, but I am certifiable, according to the Indiana authorities, according to the ISC it can be read, for believing such trite things and for advancing such unwanted thoughts. As a great albeit fictional and broken resistance leaders once wrote: "I am the dead." Winston Smith Let us all be dead to the idea of maintaining a patently unjust legal order.

  2. The Department of Education still has over $100 million of ITT Education Services money in the form of $100+ million Letters of Credit. That money was supposed to be used by The DOE to help students. The DOE did nothing to help students. The DOE essentially stole the money from ITT Tech and still has the money. The trustee should be going after the DOE to get the money back for people who are owed that money, including shareholders.

  3. Do you know who the sponsor of the last-minute amendment was?

  4. Law firms of over 50 don't deliver good value, thats what this survey really tells you. Anybody that has seen what they bill for compared to what they deliver knows that already, however.

  5. As one of the many consumers affected by this breach, I found my bank data had been lifted and used to buy over $200 of various merchandise in New York. I did a pretty good job of tracing the purchases to stores around a college campus just from the info on my bank statement. Hm. Mr. Hill, I would like my $200 back! It doesn't belong to the state, in my opinion. Give it back to the consumers affected. I had to freeze my credit and take out data protection, order a new debit card and wait until it arrived. I deserve something for my trouble!

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