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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. by the time anybody gets to such files they will probably have been totally vacuumed anyways. they're pros at this at universities. anything to protect their incomes. Still, a laudable attempt. Let's go for throat though: how about the idea of unionizing football college football players so they can get a fair shake for their work? then if one of the players is a pain in the neck cut them loose instead of protecting them. if that kills the big programs, great, what do they have to do with learning anyways? nada. just another way for universities to rake in the billions even as they skate from paying taxes with their bogus "nonprofit" status.

  2. Um the affidavit from the lawyer is admissible, competent evidence of reasonableness itself. And anybody who had done law work in small claims court would not have blinked at that modest fee. Where do judges come up with this stuff? Somebody is showing a lack of experience and it wasn't the lawyers

  3. My children were taken away a year ago due to drugs, and u struggled to get things on track, and now that I have been passing drug screens for almost 6 months now and not missing visits they have already filed to take my rights away. I need help.....I can't loose my babies. Plz feel free to call if u can help. Sarah at 765-865-7589

  4. Females now rule over every appellate court in Indiana, and from the federal southern district, as well as at the head of many judicial agencies. Give me a break, ladies! Can we men organize guy-only clubs to tell our sob stories about being too sexy for our shirts and not being picked for appellate court openings? Nope, that would be sexist! Ah modernity, such a ball of confusion. https://www.youtube.com/watch?v=QmRsWdK0PRI

  5. LOL thanks Jennifer, thanks to me for reading, but not reading closely enough! I thought about it after posting and realized such is just what was reported. My bad. NOW ... how about reporting who the attorneys were raking in the Purdue alum dollars?

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