Pruitt v. State

9 Citing cases

  1. Dix v. State

    639 N.E.2d 363 (Ind. Ct. App. 1995)   Cited 3 times

    The lower federal and state courts have read the Supreme Court cases to require proof of three elements by a selective prosecution claimant: (1) that other violators similarly situated are generally not prosecuted; (2) that the selection of the claimant for prosecution was intentional and purposeful; and, (3) that the selection of the claimant was pursuant to an arbitrary classification. See e.g. Pruitt v. State (1990), Ind. App., 557 N.E.2d 684, 689, trans. denied; United States v. Cyprian (N.D.Ind., 1991), 756 F. Supp. 388, 391.

  2. George v. National Collegiate Athletic Ass'n

    945 N.E.2d 150 (Ind. 2011)   Cited 13 times
    Applying well-established legal definition of “lottery” instead of broader common meaning

    Finally, the definition articulated in Tinder has been consistently used by the Indiana Court of Appeals, notwithstanding Nixon. See, e.g., Pruitt v. State, 557 N.E.2d 684, 690-91 (Ind.Ct.App. 1990) (holding that a bingo game that awarded prizes and for which consideration was paid was an unlawful lottery), trans. denied; Lashbrook v. State, 550 N.E.2d 772, 775-76 (Ind.Ct.App. 1990) (holding that a pyramid scheme constituted a "lottery" under a similar definition). And this definition represents the definition accepted by an "overwhelming majority" of American jurisdictions, Opinion of the Justices No. 373, 795 So.2d 630, 634-35 (Ala. 2001), including the United States Supreme Court, FCC v. Am. Broad. Co., Inc., 347 U.S. at 290, 74 S.Ct. 593.

  3. Harris v. Missouri Gaming Com'n

    869 S.W.2d 58 (Mo. 1994)   Cited 40 times
    Holding keno to be a lottery because keno is a version of bingo, which is itself a lottery

    Other state courts have held bingo to be a lottery. Pruitt v. Indiana, 557 N.E.2d 684, 690-691 (Ind. App. 1990); Secretary v. St. Augustine Church, 766 S.W.2d 499, 502 (Tenn. 1989); A.B. Long Music Co. v. Kentucky, 429 S.W.2d 391, 394 (Ky. 1968); Society of Good Neighbors v. Van Antwerp, 324 Mich. 22, 36 N.W.2d 308, 310 (Mich. 1949); State ex rel. Schillberg v. Safeway Stores, Inc., 75 Wn.2d 339, 450 P.2d 949, 955 (Wash. 1969); Iowa v. Mabrey, 245 Iowa 428, 60 N.W.2d 889, 893 (Iowa 1953); Wisconsin v. Laven, 270 Wis. 524, 71 N.W.2d 287, 290 (Wis. 1955); Army-Navy Bingo, Garrison No. 2196 v. Plowden, 281 S.C. 226, 314 S.E.2d 339, 340 (S.C. 1984). In keno layout, a player picks a series of numbers on a card.

  4. Knight v. State ex Rel. Moore

    574 So. 2d 662 (Miss. 1990)   Cited 9 times

    AG's Brief at 27-33 (citing cases).See, e.g., Pruitt v. State, 557 N.E.2d 684 (Ind.2d Dist Ct.App. 1990); Secretary of State v. St. Augustine Church, 766 S.W.2d 499 (Tenn. 1989); Army Navy Bingo, Garrison # 2196 v. Plowden, 281 S.C. 226, 314 S.E.2d 339, 340 (1984); State v. Crayton, 344 So.2d 771, 774 (Ala. Civ. App.), cert. denied, 344 So.2d 775 (Ala. 1977); Otto v. Kosofsky, 476 S.W.2d 626, 628-29 (Ky.App. 1972); State v. Kennedy, 225 Kan. 13, 587 P.2d 844, 851 (1978); State v. Safeway Stores, Inc., 75 Wn.2d 339, 450 P.2d 949, 953-57 (1969); State v. Mabrey, 245 Iowa 428, 60 N.W.2d 889, 892-93 (1953); State v. Multerer, 234 Wis. 50, 289 N.W. 600, 603-04 (1940); Society of Good Neighbors v. Van Antwerp, 324 Mich. 22, 36 N.W.2d 308, 309 (1949); St. John's Melkite Catholic Church v. Commissioner of Revenue, 240 Ga. 733, 242 S.E.2d 108 (1978). In sum, the AG suggests that this Court should look to the plain meaning of § 98 as construed in Williams Furniture Co. and hold that bingo is simply another form of lottery.

  5. Harper v. State

    No. 23A-CR-2630 (Ind. App. Oct. 18, 2024)

    "[T]here is no bar to the prosecution of multiple offenses where separate and distinct illegal acts have been committed and there exists a separate and distinct intent, impulse, and force for each act." Pruitt v. State, 557 N.E.2d 684, 688 (Ind.Ct.App. 1990) (holding operation of a bingo parlor on several evenings, with distinct handbills prepared for each evening, was not one continuing offense, but instead could result in convictions of separate counts for distinct days), reh'g denied, trans. denied.

  6. Callantine v. State

    No. 23A-PC-859 (Ind. App. Jan. 17, 2024)

    " Pruitt v. State, 557 N.E.2d 684, 689 (Ind.Ct.App. 1990) (quoting 2 Wayne R. LaFave &Jerold H. Israel, Criminal Procedure § 13.4(a) (1984)), trans. denied (1991). [¶10] We need address only the second element of Callantine's selective prosecution claim, which is best summarized in the following paragraphs of his amended petition for post-conviction relief:

  7. Bell Gardens Bicycle Club v. Department of Justice

    36 Cal.App.4th 717 (Cal. Ct. App. 1995)   Cited 12 times
    In Bell Gardens, the California court found that poker was a legal game of skill, but the issue of whether poker was a game of skill was not directly in front of it.

    Moreover, California aligns itself with those Courts which have found that the "policy inherent in the [state Constitution] provision is a broad one, aimed not at specific kinds or types of lotteries operated by means of tickets, roulette wheels, or involving other particular methods of operation." ( State v. Brotherhood of Friends (1952) 41 Wn.2d 133 [ 247 P.2d 787, 796]; see also State v. Coats (1938) 158 Or. 122 [ 74 P.2d 1102, 1105, 1107]; Secretary v. St. Augustine Church (Tenn. 1989) 766 S.W.2d 499, 500-501; Pruitt v. State of Indiana (Ind. Ct. App. 1990) 557 N.E.2d 684, 690.) The Oregon court ably expresses this viewpoint compatible with California law: "There is quite a divergence of opinion among the courts of the various jurisdictions as to what constitutes a lottery.

  8. Study v. State

    602 N.E.2d 1062 (Ind. Ct. App. 1993)   Cited 7 times
    In Study, the defendant held himself out as a loan broker and twice accepted money from a victim in exchange for unfulfilled promises to purchase certificates of deposit on the victim's behalf.

    Therefore, we conclude the legislature intended that an act of loan brokering without first registering constitutes one single indivisible offense, punishable by a single conviction and sentence. See Pruitt v. State (1990), Ind. App., 557 N.E.2d 684. Consequently, Study committed only one violation of the Act when he knowingly did an act of loan brokering without registering with the securities commissioner on April 18, 1990, and that that offense continued and included the conduct on May 3, 1990, i.e., only one crime occurred regardless of the number of subsequent acts of loan brokering.

  9. Opinion No. 1991-162

    Opinion No. 1991-162 (Ops.Ark.Atty.Gen. Jul. 2, 1991)

    Cases across the country are virtually unanimous that bingo, at least where the three elements of chance, a prize, and consideration are present, constitutes a lottery. See, Pruitt, v. State, 557 N.E.2d 684 (Ind. 2d Dist.Ct.App. 1990); Secretary of State v. St. Augustine Church, 766 S.W.2d 499 (Tenn. 1989); Army Navy Bingo, Garrison # 2196 v. Plowden, 281 S.C. 226, 314 S.E.2d 339 (1984); State v. Crayton, 344 So.2d 771 (Ala.Civ.App.), cert. denied, 344 So.2d 775 (Ala. 1977); Otto v. Kosofsky, 476 S.W.2d 626 (Ky.App. 1972) cert denied, 409 U.S. 912 (1972); State v. Nelson, 210 Kan. 439, 502 P.2d 841, (1972); State v. Safeway Stores, Inc., 75 Wash.2d 339, 450 P.2d 949 (1969); State v. Mabrey, 245 Iowa 428, 60 N.W.2d 889 (1953); State v. Multerer, 234 Wis. 50, 289 N.W. 600 (1940); Society of Good Neighbors v. Van Antwerp, 324 Mich. 22, 36 N.W.2d 308 (1949); St. John's Melkite Catholic Church v. Commissioner of Revenue, 240 Ga. 733, 242 S.E.2d 108 (1978).