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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. All the lawyers involved in this don't add up to a hill of beans; mostly yes-men punching their tickets for future advancement. REMF types. Window dressing. Who in this mess was a real hero? the whistleblower that let the public know about the torture, whom the US sent to Jail. John Kyriakou. http://www.nytimes.com/2013/01/26/us/ex-officer-for-cia-is-sentenced-in-leak-case.html?_r=0 Now, considering that Torture is Illegal, considering that during Vietnam a soldier was court-martialed and imprisoned for waterboarding, why has the whistleblower gone to jail but none of the torturers have been held to account? It's amazing that Uncle Sam's sunk lower than Vietnam. But that's where we're at. An even more unjust and pointless war conducted in an even more bogus manner. this from npr: "On Jan. 21, 1968, The Washington Post ran a front-page photo of a U.S. soldier supervising the waterboarding of a captured North Vietnamese soldier. The caption said the technique induced "a flooding sense of suffocation and drowning, meant to make him talk." The picture led to an Army investigation and, two months later, the court martial of the soldier." Today, the US itself has become lawless.

  2. "Brain Damage" alright.... The lunatic is on the grass/ The lunatic is on the grass/ Remembering games and daisy chains and laughs/ Got to keep the loonies on the path.... The lunatic is in the hall/ The lunatics are in my hall/ The paper holds their folded faces to the floor/ And every day the paper boy brings more/ And if the dam breaks open many years too soon/ And if there is no room upon the hill/ And if your head explodes with dark forbodings too/ I'll see you on the dark side of the moon!!!

  3. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  4. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  5. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

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