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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. Nice work, Courtney!

  2. The O'Banions also sued Ford claiming the Roush vehicle's throttle cable was defective and stuck, and did not present evidence or argue to the contrary at trial. The proceedings were delayed by an appeal on the admissibility of expert testimony in which O' Banions also joined with the Roush Estate.

  3. AP writes "The justices will hear the appeal of the Colorado baker that pits his claims of religious freedom against the rights of the same-sex couple who wanted a wedding cake to commemorate their marriage." HOW ABOUT IF THIS WERE THIS ISSUE: "The justices will hear the appeal of the Colorado Jewish videographer that pits his claims of religious freedom against the rights of the Holocaust deniers who wanted to hire his photography studio to shoot their documentary debunking the six-million-cremated-theory ..." Would anyone doubt that the Jewish fellow's rights triumphed? Or how about "The justices will hear the appeal of the Colorado black carpenter that pits his claims of religious freedom against the rights of a white supremacist who wants a gallows built on his property to stage the mock hanging of former president Obama." Hey, would anyone doubt that the Black fellow's rights to contract triumphed? BUT ... make the "villain" in the story Christian conservatives (insert two minute hate here) and the victims gay (so cute they are), and it is bar the door Katie, for Big Brother's judicial stormtroopers simply must weigh in to wash clean the minds of any who would DARE to dissent from the elists' mandated spiritus mundi.

  4. The voices of the prophets are more on blogs than subway walls these days, Dawn. Here is the voice of one calling out in the wilderness ... against a corrupted judiciary ... that remains corrupt a decade and a half later ... due to, so sadly, the acquiescence of good judges unwilling to shake the forest ... for fear that is not faith .. http://www.ogdenonpolitics.com/2013/09/prof-alan-dershowitz-on-indiana.html

  5. So I purchased a vehicle cash from the lot on West Washington in Feb 2017. Since then I found it the vehicle had been declared a total loss and had sat in a salvage yard due to fire. My title does not show any of that. I also have had to put thousands of dollars into repairs because it was not a solid vehicle like they stated. I need to find out how to contact the lawyers on this lawsuit.

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