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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. Historically speaking pagans devalue children and worship animals. How close are we? Consider the ruling above plus today's tidbit from the politically correct high Court: http://indianacourts.us/times/2016/12/are-you-asking-the-right-questions-intimate-partner-violence-and-pet-abuse/

  2. The father is a convicted of spousal abuse. 2 restaining orders been put on him, never made any difference the whole time she was there. The time he choked the mother she dropped the baby the police were called. That was the only time he was taken away. The mother was suppose to have been notified when he was released no call was ever made. He made his way back, kicked the door open and terrified the mother. She ran down the hallway and locked herself and the baby in the bathroom called 911. The police came and said there was nothing they could do (the policeman was a old friend from highschool, good ole boy thing).They told her he could burn the place down as long as she wasn't in it.The mother got another resataining order, the judge told her if you were my daughter I would tell you to leave. So she did. He told her "If you ever leave me I will make your life hell, you don't know who your f!@#$%^ with". The fathers other 2 grown children from his 1st exwife havent spoke 1 word to him in almost 15yrs not 1 word.This is what will be a forsure nightmare for this little girl who is in the hands of pillar of the community. Totally corrupt system. Where I come from I would be in jail not only for that but non payment of child support. Unbelievably pitiful...

  3. dsm 5 indicates that a lot of kids with gender dysphoria grow out of it. so is it really a good idea to encourage gender reassignment? Perhaps that should wait for the age of majority. I don't question the compassionate motives of many of the trans-advocates, but I do question their wisdom. Likewise, they should not question the compassion of those whose potty policies differ. too often, any opposition to the official GLBT agenda is instantly denounced as "homophobia" etc.

  4. @ President Snow, like they really read these comments or have the GUTS to show what is the right thing to do. They are just worrying about planning the next retirement party, the others JUST DO NOT CARE about what is right. Its the Good Ol'Boys - they do not care about the rights of the mother or child, they just care about their next vote, which, from what I gather, the mother left the state of Indiana because of the domestic violence that was going on through out the marriage, the father had three restraining orders on him from three different women, but yet, the COA judges sent a strong message, go ahead men put your women in place, do what you have to do, you have our backs... I just wish the REAL truth could be told about this situation... Please pray for this child and mother that God will some how make things right and send a miracle from above.

  5. I hear you.... Us Christians are the minority. The LGBTs groups have more rights than the Christians..... How come when we express our faith openly in public we are prosecuted? This justice system do not want to seem "bias" but yet forgets who have voted them into office.

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