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Indiana Supreme Court takes 3 cases; denies 27

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The state’s highest court has granted transfer to three cases, including one in which they vacated the Indiana Court of Appeals decision and sent it back to the appellate court.

The justices remanded Marvin L. Ervin v. State of Indiana, No. 49S02-1102-CR-88, to the Court of Appeals on July 7. In a not-for-publication decision, the COA affirmed Marvin Ervin’s conviction of Class D felony theft and adjudication as a habitual offender. Ervin argued on appeal that the trial court abused its discretion by admitting pawn shop documents under the business record exception to the hearsay rules and refusing to instruct the jury on the offense of conversion, as a lesser included offense of theft.

The Indiana Supreme Court also took United Parcel Service v. Indiana Dept. of Revenue, No. 49S10-1107-TA-417; and K.D., et al., alleged to be CHINS; S.S. v. Indiana Dept. of Child Services, No. 49S02-1107-JC-416. In United Parcel Service, the Indiana Tax Court in a NFP opinion granted UPS’ motion for summary judgment and denied the Indiana Department of Revenue’s motion for summary judgment. The Tax Court reversed the department’s denial of UPS’ claim for refund of corporate income tax for 2000 and its assessment of additional corporate tax income against UPS for 2001.

In K.D., a divided Court of Appeals reversed the juvenile court’s adjudication of two children as children in need of services following their mother’s admission to allegations filed by the Department of Child Services, but the stepfather denied the allegations. The stepfather asked for a fact-finding hearing but was denied by the juvenile court.

At issue in the case is what procedure a juvenile court should follow when one parent or guardian admits to the CHINS allegations but another denies the allegations and asks for a fact-finding hearing. The majority decided there was no reason why the admission of one parent should abridge the statutory procedural due process rights of another, and it remanded the case.

Judge Melissa May dissented, believing the stepfather wasn’t denied due process in the case. While the stepfather should have had a fact-finding hearing as provided by statute, that error wasn’t reversible under the facts of this case, she wrote.

The justices also denied 27 cases for the week ending July 8.
 

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  1. Hail to our Constitutional Law Expert in the Executive Office! “What you’re not paying attention to is the fact that I just took an action to change the law,” Obama said.

  2. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  3. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  4. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  5. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

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