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Opinions Oct. 1, 2010

October 1, 2010
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The following opinions were posted after IL deadline Thursday.
Indiana Supreme Court
Caesars Riverboat Casino, LLC v. Genevieve M. Kephart
31S01-0909-CV-403
Civil. Reverses trial court denial of Caesar’s motion to dismiss Kephart’s counterclaim under Trial Rule 12 (B)(6) for failure to state a claim upon which relief can be granted. Holds that no common law right exists for patrons to recover damages for casino gambling losses. Justice Boehm concurs in result and Justice Dickson dissents.

Sheehan Construction Co., Inc., et al. v. Continental Casualty Co., et al.
49S02-1001-CV-32
Civil. Reverses trial court grant of summary judgment in favor of the insurers on grounds that there was no damage to the property and thus there was no “occurrence” or “property damage” and remands for further proceedings. Faulty workmanship may constitute an accident and thus an occurrence depending on the facts under a standard commercial general liability insurance policy. Chief Justice Shepard and Justice Sullivan dissent.

State of Indiana v. James S. Hobbs, IV
19S01-1001-CR-10
Criminal. Reverses trial court finding that the search violated the Fourth Amendment and Article I, Section 11 of the Indiana Constitution and the consequent suppression of the fruits of the search. Hobbs’ car was an operational vehicle in a public place, the dog sniff wasn’t conducted under circumstances where Hobbs was unconstitutionally seized and the dog  sniff provided probable cause that the car contained evidence of a crime. Justice Sullivan dissents in which Justice Rucker joins.

Thomas P. Donovan v. Grant Victoria Casino & Resort, L.P.
49S02-1003-CV-124
Civil. Affirms summary judgment for the casino on Donovan’s breach-of-contract claim and declaratory judgment that the casino can’t exclude him for counting cards. The long-standing common law right of private property owners extends to the operator of a riverboat casino that wishes to exclude a patron for employing strategies designed to give the patron a statistical advantage over the casino. The Riverboat Gambling Act, which gives the Indiana Gaming Commission exclusive authority to set the rules of licensed casino games, does not abrogate this common law right. Justice Dickson dissents.

Today’s opinions
7th Circuit Court of Appeals
Annex Books, Inc., et al. v. City of Indianapolis, Ind.
09-4156
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Sarah Evans Barker.
Civil. Affirms preliminary injunction of ordinance requiring adult bookstores to be closed certain hours. The single article introduced by Indianapolis didn’t support its argument and the evidence of arrest data near the plaintiffs’ store appears to support the plaintiffs.

United States of America v. Charles Suggs
09-2700
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge David F. Hamilton.
Criminal.  Affirms District Court’s application at sentencing of a four-level increase for using or possessing a firearm in connection with another felony offense after Suggs pleaded guilty to being a felon in possession of a firearm. The District Court could reasonably conclude that Suggs grasped the handgun while resisting officers, ignored their orders, and that his grasp on the handgun without telling officers about his gun implied an intent to bring it forth and use it in some manner.

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Lawrence Terrell Davis v. State of Indiana
45A04-1002-CR-97
Criminal. Affirms sentence for Class C felony auto theft, Class D felony resisting law enforcement, Class A misdemeanor resisting law enforcement, and for being a habitual offender. Davis failed to show that the trial court failed to give him the required advisement that by waiving his right to a jury trial on the underlying offenses that he also waived his right to a jury trial in the habitual offender phase. Remands with instructions to enter a habitual offender enhancement that is consistent with the opinion.

Gary S. Moore v. State of Indiana (NFP)
47A01-1001-CR-31
Criminal. Affirms sentence following guilty plea to Class B felony dealing in methamphetamine.

Cory A. Waltmire v. State of Indiana (NFP)
44A03-1002-CR-103
Criminal. Affirms sentences following guilty plea to two counts of Class C felony reckless homicide.

Daniel L. Lannen v. State of Indiana (NFP)
57A03-1004-CR-221
Criminal. Affirms sentence following guilty plea to Class B felony manufacturing methamphetamine.

Corey Stewart v. State of Indiana (NFP)
49A05-1003-CR-139
Criminal. Affirms conviction of Class A misdemeanor carrying a handgun without a license.

Indiana Tax Court had posted no opinions at IL deadline.

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  1. Unlike the federal judge who refused to protect me, the Virginia State Bar gave me a hearing. After the hearing, the Virginia State Bar refused to discipline me. VSB said that attacking me with the court ADA coordinator had, " all the grace and charm of a drive-by shooting." One does wonder why the VSB was able to have a hearing and come to that conclusion, but the federal judge in Indiana slammed the door of the courthouse in my face.

  2. I agree. My husband has almost the exact same situation. Age states and all.

  3. Thanks Jim. We surprised ourselves with the first album, so we did a second one. We are releasing it 6/30/17 at the HiFi. The reviews so far are amazing! www.itsjustcraig.com Skope Mag: It’s Just Craig offers a warm intimacy with the tender folk of “Dark Corners”. Rather lovely in execution, It’s Just Craig opts for a full, rich sound. Quite ornate instrumentally, the songs unfurl with such grace and style. Everything about the album feels real and fully lived. By far the highlight of the album are the soft smooth reassuring vocals whose highly articulate lyrics have a dreamy quality to them. Stories emerge out of these small snapshots of reflective moments.... A wide variety of styles are utilized, with folk anchoring it but allowing for chamber pop, soundtrack work, and found electronics filtering their way into the mix. Without a word, It’s Just Craig sets the tone of the album with the warble of “Intro”. From there things get truly started with the hush of “Go”. Building up into a great structure, “Go” has a kindness to it. Organs glisten in the distance on the fragile textures of “Alone” whose light melody adds to the song’s gorgeousness. A wonderful bloom of color defines the spaciousness of “Captain”. Infectious grooves take hold on the otherworldly origins of “Goodnight” with precise drum work giving the song a jazzy feeling. Hazy to its very core is the tragedy of “Leaving Now”. By far the highlight of the album comes with the closing impassioned “Thirty-Nine” where many layers of sound work together possessing a poetic quality.

  4. Andrew, if what you report is true, then it certainly is newsworthy. If what you report is false, then it certainly is newsworthy. Any journalists reading along??? And that same Coordinator blew me up real good as well, even destroying evidence to get the ordered wetwork done. There is a story here, if any have the moxie to go for it. Search ADA here for just some of my experiences with the court's junk yard dog. https://www.scribd.com/document/299040062/Brown-ind-Bar-memo-Pet-cert Yep, drive by shootings. The lawyers of the Old Dominion got that right. Career executions lacking any real semblance of due process. It is the ISC way ... under the bad shepard's leadership ... and a compliant, silent, boot-licking fifth estate.

  5. Journalism may just be asleep. I pray this editorial is more than just a passing toss and turn. Indiana's old boy system of ruling over attorneys is cultish. Unmask them oh guardians of democracy.

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