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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. Bill Satterlee is, indeed, a true jazz aficionado. Part of my legal career was spent as an associate attorney with Hoeppner, Wagner & Evans in Valparaiso. Bill was instrumental (no pun intended) in introducing me to jazz music, thereby fostering my love for this genre. We would, occasionally, travel to Chicago on weekends and sit in on some outstanding jazz sessions at Andy's on Hubbard Street. Had it not been for Bill's love of jazz music, I never would have had the good fortune of hearing it played live at Andy's. And, most likely, I might never have begun listening to it as much as I do. Thanks, Bill.

  2. The child support award is many times what the custodial parent earns, and exceeds the actual costs of providing for the children's needs. My fiance and I have agreed that if we divorce, that the children will be provided for using a shared checking account like this one(http://www.mediate.com/articles/if_they_can_do_parenting_plans.cfm) to avoid the hidden alimony in Indiana's child support guidelines.

  3. Fiat justitia ruat caelum is a Latin legal phrase, meaning "Let justice be done though the heavens fall." The maxim signifies the belief that justice must be realized regardless of consequences.

  4. Indiana up holds this behavior. the state police know they got it made.

  5. Additional Points: -Civility in the profession: Treating others with respect will not only move others to respect you, it will show a shared respect for the legal system we are all sworn to protect. When attorneys engage in unnecessary personal attacks, they lose the respect and favor of judges, jurors, the person being attacked, and others witnessing or reading the communication. It's not always easy to put anger aside, but if you don't, you will lose respect, credibility, cases, clients & jobs or job opportunities. -Read Rule 22 of the Admission & Discipline Rules. Capture that spirit and apply those principles in your daily work. -Strive to represent clients in a manner that communicates the importance you place on the legal matter you're privileged to handle for them. -There are good lawyers of all ages, but no one is perfect. Older lawyers can learn valuable skills from younger lawyers who tend to be more adept with new technologies that can improve work quality and speed. Older lawyers have already tackled more legal issues and worked through more of the problems encountered when representing clients on various types of legal matters. If there's mutual respect and a willingness to learn from each other, it will help make both attorneys better lawyers. -Erosion of the public trust in lawyers wears down public confidence in the rule of law. Always keep your duty to the profession in mind. -You can learn so much by asking questions & actively listening to instructions and advice from more experienced attorneys, regardless of how many years or decades you've each practiced law. Don't miss out on that chance.

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