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Opinions Aug. 25, 2014

August 25, 2014
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Indiana Supreme Court
Indiana Department of State Revenue v. Caterpillar, Inc.
49S10-1402-TA-79
Tax. Reverses judgment of the Indiana Tax Court in favor of Caterpillar, holding the company may not deduct foreign-source dividend income when calculating net operating losses based on plain statutory meaning. Caterpillar also did not meet its burden to prove the conclusion violated the Foreign Commerce Clause. Remands to the Tax Court with instructions to grant summary judgment in favor of the Department of Revenue.

Indiana Court of Appeals
John Barnhart v. State of Indiana
57A04-1312-CR-601
Criminal. Affirms convictions and aggregate 30-year sentence for two counts of Class A felony child molesting and one count of Class A misdemeanor possession of marijuana. Holds that any error regarding the trial court’s exclusion of a drug test showing the victim had no marijuana in her system was harmless. The trial court did not abuse its discretion in acknowledging Barnhart had been accused of prior sexual misconduct, and even if the accusations had not been considered, he likely would have received the same advisory concurrent sentences.     

Amanda Kay (Albin) Brasseur v. Gregory Joseph Brasseur (NFP)
42A05-1402-DR-84
Domestic relations. Affirms in part, reverses in part and remands order on distributions of marital assets, holding the trial court abused its discretion in assessing the value of a mortgage encumbering the marital residence.

In the Matter of the Involuntary Commitment of G.M. v. Columbus Regional Hospital Mental Health Facility and Dr. Michael Stark (NFP)
03A01-1312-MH-533
Mental health. Affirms order of involuntary commitment.

Karla Hart v. Douglas Kaderabek, M.D. (NFP)
49A02-1312-PL-1036
Civil plenary. Affirms summary judgment in favor of Douglas Kaderabek, M.D.

Tiandre Harris v. State of Indiana (NFP)
49A04-1401-CR-45
Criminal. Affirms conviction of murder.

Holly Richardson v. Med-1 Solutions, LLC, as Agent for Deaconess Hospital (NFP)
82A04-1403-SC-109
Small claims. Affirms denial of motion to correct error.

 

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  1. How do you go about each day with out having resentment or ill will towards the evil that has done this to you? Is it your faith that keeps you going and knowing that someday they will have to answer to God? At church our pastor talked about forgiveness and how Jesus forgave our sins and we should too. Its very hard knowing that we do the right thing in this world, and those that are liars, thieves, are continued in power and continue on doing their jobs, while you are banished from something that you have every right to do with out being penalized.

  2. From my post below .... I cut and pasted in error: http://www.theindianalawyer.com/human-trafficking-rising-in-indiana/PARAMS/article/42468

  3. Your prayers must account for some of the wind beneath my wings. That and this: His yoke is easy, His burden light. OK, now to bring this comment thread 100% back to the topic at hand. From my secret files, never before published, a letter that Commission head Myra Selby deemed interesting, but ..... This Hail Mary was ignored by the Commission, and then cited by the Indiana bar examiners to justify the need for a lifetime banishment from the Indiana Supreme Court. I tender it as a study in anti white male anti Christian antipathy in the Indiana court system. Focused upon the Race (ie not white) and Gender (ie not male) and not religious Commission for "fairness." Uncle Karl, eat your heart out: https://www.scribd.com/document/340472424/Race-gender-request-24128-1 ... https://drive.google.com/file/d/0BznfHUztK5eTUGlxbmRvMWJsaHhLcGFuaE5KNHZWVjk3eHRn/view?usp=sharing

  4. What a disgrace of Judicial Proceedings. Can complain and write comments forever but someone needs to show the mother how to fight back before he turns this little girl against her.

  5. The truth comes out Issac Law Firm for Men helped Montgomery to get custody.Should read the lies he told them.How much was paid to the judges?

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