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Indiana justices deny 8 cases, plus associational standing appeal

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The Indiana Supreme Court declined to take eight cases last week, and by a split vote the court also reversed a prior decision to hear an electric utility’s appeal based on an associational standing question.

In a transfer disposition order, the state’s highest court declined a total of nine cases, including Indiana-Kentucky Electric Corp., et al. v. Save the Valley, et al., No. 49A02-1011-MI-1178, that had previously been granted transfer in February.

The Court of Appeals ruled on the case in August, finding that it had already ruled on an associational standing question six years ago in the same case and that the electric utility was trying to re-litigate that issue. The court declined to revisit the case, based on the law-of-the-case doctrine. Particularly, the intermediate appellate judges rejected IKEC claims that the state justices didn’t adequately consider a similar case pending at the time, even though the original Court of Appeals panel did address that issue and the Supreme Court denied transfer.

The Court of Appeals panel also dismissed arguments that the precedent wasn’t valid because the justices later issued K.S. v. State, 849 N.E.2d 538 (Ind. 2006), and the electric utility contended that voided the Save the Valley issue of associational standing. But after granting transfer earlier this year, a March 22 order from the Supreme Court says that the Court of Appeals decision from last year is reinstated.

Acting Chief Justice Brent Dickson signed the order and Justices Frank Sullivan and Robert Rucker concurred, although Justices Randall T. Shepard and Steven David voted to grant transfer.

The other cases denied transfer are: Outboard Boating Club of Evansville, Inc., and Small-Craft Boaters, Inc. v. Indiana State Department of Health, No. 82A01-1102-PL-52; The Term. of the Parent-Child Rel. of: D.H.H. & A.M.H., and Carrie Crawford v. Indiana Dept. of Child Services, No. 71A03-1107-JT-322; Charles Lawrence, Sr. v. State of Indiana, No. 02A03-1105-CR-194; Jason B. Forrest v. State of Indiana, No. 91A05-1106-CR-324; Joseph A. Taylor v. Alan P. Finnan, No. 48A02-1105-MI-547; In Re: The Order of Contempt Against Craig Benson, Martinsville Depot, Inc., and SBS Enterprises, Inc. v. Co-Alliance, LLP, No. 55A04-1010-CC-646; Thomas M. Slaats v. Sally E. Slaats, No. 87A01-1009-DR-523; and Shawnee Construction and Engineering v. Don C. Stanley, Jr, No. 02A04-1010-CT-610, in which Dickson voted to grant transfer.

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  1. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  2. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  3. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  4. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  5. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

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