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Opinions May 23, 2014

May 23, 2014
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Indiana Court of Appeals
Andrew J. Rogers v. Sigma Chi International Fraternity, Theta Pi of Sigma Chi, Ancil Jackson, Brian Mifflin, Jr., and Joshua Kearby
84A04-1305-CT-224
Civil tort. Affirms summary judgment for Sigma Chi International fraternity, its Terre Haute chapter and Jackson, Mifflin and Kearby on Rogers’ claim the defendants should have protected him from being assaulted at a party. Sigma Chi did not have possession of the premises where Rogers was injured, the defendants had no duty to protect him from the assault, and the International fraternity was not vicariously liable for the acts of the persons at the premises because it had no actual or apparent authority over them.

In the Matter of the Civil Commitment of C.P., C.P. v. Community Hospital North/Gallahue Mental Health
49A02-1309-MH-770
Mental health. Affirms 90-day involuntary commitment to Community Hospital North. The psychiatrist’s testimony provided clear and convincing evidence that C.P. was gravely disabled.

Kenneth Griesemer v. State of Indiana
49A04-1308-CR-382
Criminal. Reverses conviction of Class A misdemeanor patronizing a prostitute. Because the evidence most favorable to the state permits an inference only that the police induced Griesemer’s criminal behavior, but does not contain any evidence permitting an inference that Griesemer was predisposed to commit patronizing a prostitute, entrapment was established as a matter of law. Chief Judge Nancy Vaidik dissents.

Christopher Bell v. State of Indiana (NFP)
82A04-1309-CR-478
Criminal. Affirms convictions of murder and Class C felony conspiracy to commit robbery.

Agav Properties, Avrohem Tkatch, and Elisheva Tkatch v. The City of South Bend and The South Bend Fire Department (NFP)
71A04-1308-PL-396
Civil plenary. Affirms grant of motion to dismiss and motion of summary judgment filed by the city of South Bend and the fire department on claims alleging negligence, intentional interference with a contractual relationship and violation of state and federal constitutional rights.

Town of New Pekin, Indiana v. Gail Stewart and Kermit Stewart (NFP)
88A01-1310-PL-442
Civil plenary. Affirms denial of the town’s motion for summary judgment and remands to the trial court for adjudication by the finder of fact.

R & M Construction, Inc., and Lake County Trust Company, as Trustee Under a Trust Agreement Dated May 17, 1989 and Known as Trust No. 1901 v. Twin Lakes Utilities, Inc. (NFP)
Civil collection. Affirms summary judgment on R&M's and the trust’s claims and reverses summary judgment to Twin Lakes as to its claim for declaratory judgment. Remands for further proceedings on Twin Lakes' claims.

Michael Nero v. Citimortgage, Inc. (NFP)
52A02-1312-MF-1017
Mortgage foreclosure. Affirms entry of summary judgment in favor of Citimortgage in its mortgage foreclosure action.

Adrian Walton v. State of Indiana (NFP)
49A04-1307-CR-365
Criminal. Affirms murder conviction.

In re the Marriage of: Carla Weiler v. Kevin P. Weiler (NFP)
45A03-1310-DR-424
Domestic relation. Affirms in part and vacates in part husband’s motion to enforce decree of dissolution of marriage. Remands for the trial court to order the parties to ensure the marital residence is listed for sale.

Ronald DeWayne Thompson v. State of Indiana (NFP)
45A04-1310-CR-511
Criminal. Affirms denial of request for mistrial.

EMR Consulting, Inc. v. Review Board of the Indiana Department of Workforce Development and Laura Shipp (NFP)
93A02-1308-EX-691
Agency action. Affirms decision to grant Shipp unemployment benefits.

The Indiana Supreme Court and 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. Uh oh, someone is really going to get their panti ... uh, um ... I mean get upset now: http://www.theguardian.com/us-news/2015/mar/31/arkansas-passes-indiana-style-religious-freedom-bill

  2. Bryan, stop insulting the Swedes by comparing them to the American oligarchs. Otherwise your point is well taken.

  3. Sociologist of religion Peter Berger once said that the US is a “nation of Indians ruled by Swedes.” He meant an irreligious elite ruling a religious people, as that Sweden is the world’s least religious country and India the most religious. The idea is that American social elites tend to be much less religious than just about everyone else in the country. If this is true, it helps explain the controversy raking Indiana over Hollywood, San Fran, NYC, academia and downtown Indy hot coals. Nevermind logic, nevermind it is just the 1993 fed bill did, forget the Founders, abandon of historic dedication to religious liberty. The Swedes rule. You cannot argue with elitists. They have the power, they will use the power, sit down and shut up or feel the power. I know firsthand, having been dealt blows from the elite's high and mighty hands often as a mere religious plebe.

  4. I need helping gaining custody of my 5 and 1 year old from my alcoholic girlfriend. This should be an easy case for any lawyer to win... I've just never had the courage to take her that far. She has a record of public intox and other things. She has no job and no where to live othe than with me. But after 5 years of trying to help her with her bad habit, she has put our kids in danger by driving after drinking with them... She got detained yesterday and the police chief released my kids to me from the police station. I live paycheck to paycheck and Im under alot of stress dealing with this situation. Can anyone please help?

  5. The more a state tries to force people to associate, who don't like each other and simply want to lead separate lives, the more that state invalidates itself....... This conflict has shown clearly that the advocates of "tolerance" are themselves intolerant, the advocates of "diversity" intend to inflict themselves on an unwilling majority by force if necessary, until that people complies and relents and allows itself to be made homogenous with the politically correct preferences of the diversity-lobbies. Let's clearly understand, this is force versus force and democracy has nothing to do with this. Democracy is a false god in the first place, even if it is a valid ideal for politics, but it is becoming ever more just an empty slogan that just suckers a bunch of cattle into paying their taxes and volunteering for stupid wars.

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