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. I have had an ongoing custody case for 6 yrs. I should have been the sole legal custodial parent but was a victim of a vindictive ex and the system biasedly supported him. He is an alcoholic and doesn't even have a license for two yrs now after his 2nd DUI. Fast frwd 6 yrs later my kids are suffering poor nutritional health, psychological issues, failing in school, have NO MD and the GAL could care less, DCS doesn't care. The child isn't getting his ADHD med he needs and will not succeed in life living this way. NO one will HELP our family.I tried for over 6 yrs. The judge called me an idiot for not knowing how to enter evidence and the last hearing was 8 mths ago. That in itself is unjust! The kids want to be with their Mother! They are being alienated from her and fed lies by their Father! I was hit in a car accident 3 yrs ago and am declared handicapped myself. Poor poor way to treat the indigent in Indiana!

  2. The Indiana DOE released the 2015-2016 school grades in Dec 2016 and my local elementary school is a "C" grade school. Look at the MCCSC boundary maps and how all of the most affluent neighborhoods have the best performance. It is no surprise that obtaining residency in the "A" school boundaries cost 1.5 to 3 times as much. As a parent I should have more options than my "C" school without needing to pay the premium to live in the affluent parts of town. If the charter were authorized by a non-religious school the plaintiffs would still be against it because it would still be taking per-pupil money from them. They are hiding behind the guise of religion as a basis for their argument when this is clearly all about money and nothing else.

  3. This is a horrible headline. The article is about challenging the ability of Grace College to serve as an authorizer. 7 Oaks is not a religiously affiliated school

  4. Congratulations to Judge Carmichael for making it to the final three! She is an outstanding Judge and the people of Indiana will benefit tremendously if/when she is chosen.

  5. The headline change to from "religious" to "religious-affiliated" is still inaccurate and terribly misleading.

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