ILNews

Justices grant five transfers

Michael W. Hoskins
January 1, 2008
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The Indiana Supreme Court has accepted five new cases.

At its weekly conference Aug. 28, justices granted transfer in two civil cases, two criminal cases, and a tax court case.

• Brenda and Darren Wagner v. Bobbi Yates, et al., No. 22A01-0710-CV-474: An underinsured motorist policy case from Floyd County. The Court of Appeals in April affirmed the lower court's granting of a motion for summary judgment in favor of American Standard Insurance Company of Wisconsin, the Wagners' automobile insurer. The court ruled that American Standard can set off payments made by State Farm under its Underinsured Motorist Coverage to the Wagners, and so it declined to address the issue of whether an anti-stacking clause exists in the policy.
• Kitchin Hospitality LLC v. Indiana Department of State Revenue, No. 49T10-0604-TA-35: A not-for-publication tax case from March where the Tax Court denied the state agency's motion for summary judgment and granted Kitchin's motion for summary judgment, holding that during the years at issue utilities consumed in some hotel rooms qualified for tangible personal property exemptions under Indiana Code § 6-2.5-5-35(2)(B)(i).
• Keith Myers v. Wesley C. Leedy, No. 85A02-0711-CV-999: a case from Wabash County where the Court of Appeals in April reversed and remanded a lower court's decision that Leedy's interest in a piece of property as a tenant survived the forfeiture of his landlord's land sale contract.
• Tony R. Gray v. State of Indiana, No. 10A01-0708-CR-356: a Clark County case where the Court of Appeals in a June not-for-publication opinion affirmed convictions on two counts of robbery and three counts of criminal confinement.
• State of Indiana v. Shannon Hollars, No. 12A02-0711-CR-979: a Clinton County case that the Court of Appeals reversed in June, concluding that the lower court abused its discretion in granting Hollars' motion to correct error. The appellate court found the three perceived errors - jury instruction, a discovery violation, and timing of the search warrant execution - didn't warrant a new attempted murder trial, either individually or collectively, and therefore the court reinstated the jury's verdict and the 22-year sentence.
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  1. Diocese of Fort Wayne-South Bend in December, but U.S. District Judge Robert Miller later reduced that to about $540,000 to put the damages for suffering under the statutory cap of $300,000.

  2. I was trying to remember, how did marriage get gay in Kentucky, did the people vote for it? Ah no, of course not. It was imposed by judicial fiat. The voted-for official actually represents the will of the majority in the face of an unelected federal judiciary. But democracy only is just a slogan for the powerful, they trot it out when they want and call it bigotry etc when they don't.

  3. Ah yes... Echoes of 1963 as a ghostly George Wallace makes his stand at the Schoolhouse door. We now know about the stand of personal belief over service to all constituents at the Carter County Clerk door. The results are the same, bigotry unable to follow the directions of the courts and the courts win. Interesting to watch the personal belief take a back seat rather than resign from a perception of local power to make the statement.

  4. An oath of office, does it override the conscience? That is the defense of overall soldier who violates higher laws, isnt it? "I was just following orders" and "I swore an oath of loyalty to der Fuhrer" etc. So this is an interesting case of swearing a false oath and then knowing that it was wrong and doing the right thing. Maybe they should chop her head off too like the "king's good servant-- but God's first" like St Thomas More. ...... We wont hold our breath waiting for the aclu or other "civil liberterians" to come to her defense since they are all arrayed on the gay side, to a man or should I say to a man and womyn?

  5. Perhaps we should also convene a panel of independent anthropological experts to study the issues surrounding this little-known branch of human sacrifice?

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