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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. wow is this a bunch of bs! i know the facts!

  2. MCBA .... time for a new release about your entire membership (or is it just the alter ego) being "saddened and disappointed" in the failure to lynch a police officer protecting himself in the line of duty. But this time against Eric Holder and the Federal Bureau of Investigation: "WASHINGTON — Justice Department lawyers will recommend that no civil rights charges be brought against the police officer who fatally shot an unarmed teenager in Ferguson, Mo., after an F.B.I. investigation found no evidence to support charges, law enforcement officials said Wednesday." http://www.nytimes.com/2015/01/22/us/justice-department-ferguson-civil-rights-darren-wilson.html?ref=us&_r=0

  3. Dr wail asfour lives 3 hours from the hospital,where if he gets an emergency at least he needs three hours,while even if he is on call he should be in a location where it gives him max 10 minutes to be beside the patient,they get paid double on their on call days ,where look how they handle it,so if the death of the patient occurs on weekend and these doctors still repeat same pattern such issue should be raised,they should be closer to the patient.on other hand if all the death occured on the absence of the Dr and the nurses handle it,the nurses should get trained how to function appearntly they not that good,if the Dr lives 3 hours far from the hospital on his call days he should sleep in the hospital

  4. It's a capital offense...one for you Latin scholars..

  5. I would like to suggest that you train those who search and help others, to be a Confidential Intermediary. Original Birth Certificates should not be handed out "willie nillie". There are many Birth Parents that have never told any of their families about, much less their Husband and Children about a baby born prior to their Mother's marriage. You can't go directly to her house, knock on her door and say I am the baby that you had years ago. This is what an Intermediary does as well as the search. They are appointed by by the Court after going through training and being Certified. If you would like, I can make a copy of my Certificate to give you an idea. you will need to attend classes and be certified then sworn in to follow the laws. I still am active and working on 5 cases at this time. Considering the fact that I am listed as a Senior Citizen, that's not at all bad. Being Certified is a protection for you as well as the Birth Mother. I have worked with many adoptees as well as the Birth Parents. They will also need understanding, guidance, and emotional help to deal with their own lost child and the love and fear that they have had locked up for all these years. If I could talk with those involved with the legal end, as well as those who do the searches and the Birth Mothers that lost their child, we JUST might find an answer that helps all of those involved. I hope that this will help you and others in the future. If you need to talk, I am listed with the Adoption Agencies here in Michigan. They can give you my phone number. My email address is as follows jatoz8@yahoo.com. Make sure that you use the word ADOPTION as the subject. Thank you for reading my message. Jeanette Abronowitz.

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