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 On AOL’s original tax appeal, the Tax Court issued an unpublished order granting summary judgment to AOL.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. Payday loans take advantage of people in many ways. It's great to hear that the courts are using some of their sins to pay money back to the community. Hopefully this will help change the culture of many loan companies, and make lending a much safer endeavor for those in need. http://lawsuitlendingnow.com/lawsuit-loans-post-settlement.html

  2. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  3. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  4. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  5. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

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