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Justices accept 2 appeals and deny 24 cases

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The Indiana Supreme Court has accepted two cases, one involving a tax revenue assessment dispute and a second asking how trial judges decide on restraining defendants who disrupt courtroom proceedings.

A transfer list shows the justices considered a total of 26 transfer petitions and granted transfer in two cases – Rent-A-Center East, Inc. v. Indiana Department of State Revenue, No. 49S10-1112-TA-683, and Kenneth Dwayne Vaughn v. State of Indiana, No. 49S05-112-CR-684.

In Rent-A-Center, the Court of Appeals in May denied the revenue department’s motion for summary judgment and granted one in favor of RAC East. The department failed to designate any facts to show it complied with Indiana Code 6-3-2-2(p), so it hadn’t made a prima facie case that it is entitled to judgment as a matter of law regarding whether the department should consider alternatives to assessing tax based on a combined return. The appellate panel remanded the case to the revenue department, but now the state justices will consider the appeal.

In Vaughn, the intermediate appellate court reversed a Lake County trial judge’s refusal to grant a mistrial for a defendant who claimed the court went too far in physically restraining and preventing him from speaking at his trial. The court used caselaw from the 1980s when making its 2-1 decision concerning how far courts can go in restraining defendants who disturb the court proceedings. In this case, the majority found Lake Superior Judge Thomas Stefaniak Jr. went too far and overreacted in allowing the bailiff to put his hand over Vaughn’s mouth and handcuff him. Judge Ezra Friedlander had dissented, finding the trial judge’s actions were appropriate given the circumstances.

The justices denied 24 petitions in other cases, including In the Matter of the Trust of Harrison Eiteljorg, No. 49A02-1005-TR-495, which involved the two sons of the late Harrison Eiteljorg, founder of the Eiteljorg Museum of American Indians and Western Art in downtown Indianapolis. The appellate court found the brothers breached their duties as trustees on an estate matter, and the ruling issued guidance concerning how long a trustee should wait before turning to a probate court for guidance on distributing money to beneficiaries who dispute the monetary amounts they might receive.

 

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  1. Just an aside, but regardless of the outcome, I 'm proud of Judge William Hughes. He was the original magistrate on the Home place issue. He ruled for Home Place, and was primaried by Brainard for it. Their tool Poindexter failed to unseat Hughes, who won support for his honesty and courage throughout the county, and he was reelected Judge of Hamilton County's Superior Court. You can still stand for something and survive. Thanks, Judge Hughes!

  2. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  3. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  4. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  5. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

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