ILNews

Justices to hear 5 cases in next 2 days

IL Staff
September 27, 2011
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The Indiana Supreme Court hears five arguments in the next two days. Two are scheduled for Wednesday, and three will be heard on Thursday.

Wednesday at 9 a.m., the court will hear arguments in Troy R. Smith v. State of Indiana, No. 35S02-1106-CR-369, a Huntington County case involving a man who pleaded guilty to non-support of a dependent child and was placed on probation. Later, the Huntington Superior Court revoked probation when Smith did not continue paying the full amount of support. The Court of Appeals reversed on grounds the state had not proved Smith’s ability to pay and the trial court abused its discretion in revoking probation in full.

At 9:45 a.m., the justices will hear Indiana Department of Revenue v. AOL, LLC, No. 49S10-1108-TA-514. The state agency denied AOL’s claim for a refund for use tax paid on its in-state use of certain promotional materials sent to prospective and existing customers. On AOL’s original tax appeal, the Tax Court issued an unpublished order granting summary judgment to AOL.

A third argument scheduled for Wednesday – Indiana Department of Revenue v. United Parcel Service, Inc. – was cancelled.

On Thursday, the justices will hear three sets of arguments:
At  9 a.m., the justices will hear Sheila Perdue, et al. v. Michael Gargano, et al., No. 49S02-1107-PL-437. Plaintiffs brought a class action against Family and Social Services Administration seeking declaratory and injunctive relief with respect to the administration of Medicaid, Temporary Assistance to Needy Families and Supplemental Nutrition Assistance Program benefits. Sheila Perdue also brought an individual disability discrimination claim. The trial court granted summary judgment to FSSA on plaintiffs’ claim that their procedural due process rights were violated, but granted summary judgment to Perdue individually and to the class of SNAP applicants/recipients whose benefits were denied or terminated for failure to cooperate. On cross-appeals, the Court of Appeals affirmed the trial court’s judgment as to Perdue and as to those whose SNAP benefits were denied or terminated for failure to cooperate, and it reversed the award of summary judgment to FSSA, holding the procedures at issue did not afford plaintiffs due process.

At 9:45 a.m., the court hears Harold J. Klinker v. First Merchants Bank, No. 01S04-1107-PL-438. The Indiana Court of Appeals affirmed summary judgment for First Merchants Bank on its claims against Harold Klinker, including a fraud claim, and the order that he pay treble damages. The appellate court concluded that Klinker’s affidavit denying fraudulent intent and opposing summary judgment failed to show a genuine issue of material fact.

At 10:30 a.m., the court hears Rodney Nicholson v. State of Indiana, No. 55S01-1107-CR-444. Rodney Nicholson was found guilty of Class C felony stalking, but the Indiana Court of Appeals reversed due to insufficient evidence.
 

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  1. Unfortunately, the court doesn't understand the difference between ebidta and adjusted ebidta as they clearly got the ruling wrong based on their misunderstanding

  2. A common refrain in the comments on this website comes from people who cannot locate attorneys willing put justice over retainers. At the same time the judiciary threatens to make pro bono work mandatory, seemingly noting the same concern. But what happens to attorneys who have the chumptzah to threatened the legal status quo in Indiana? Ask Gary Welch, ask Paul Ogden, ask me. Speak truth to power, suffer horrendously accordingly. No wonder Hoosier attorneys who want to keep in good graces merely chase the dollars ... the powers that be have no concerns as to those who are ever for sale to the highest bidder ... for those even willing to compromise for $$$ never allow either justice or constitutionality to cause them to stand up to injustice or unconstitutionality. And the bad apples in the Hoosier barrel, like this one, just keep rotting.

  3. I am one of Steele's victims and was taken for $6,000. I want my money back due to him doing nothing for me. I filed for divorce after a 16 year marriage and lost everything. My kids, my home, cars, money, pension. Every attorney I have talked to is not willing to help me. What can I do? I was told i can file a civil suit but you have to have all of Steelers info that I don't have. Of someone can please help me or tell me what info I need would be great.

  4. It would appear that news breaking on Drudge from the Hoosier state (link below) ties back to this Hoosier story from the beginning of the recent police disrespect period .... MCBA president Cassandra Bentley McNair issued the statement on behalf of the association Dec. 1. The association said it was “saddened and disappointed” by the decision not to indict Ferguson police officer Darren Wilson for shooting Michael Brown. “The MCBA does not believe this was a just outcome to this process, and is disheartened that the system we as lawyers are intended to uphold failed the African-American community in such a way,” the association stated. “This situation is not just about the death of Michael Brown, but the thousands of other African-Americans who are disproportionately targeted and killed by police officers.” http://www.thestarpress.com/story/news/local/2016/07/18/hate-cops-sign-prompts-controversy/87242664/

  5. What form or who do I talk to about a d felony which I hear is classified as a 6 now? Who do I talk to. About to get my degree and I need this to go away it's been over 7 years if that helps.

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