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Justices accept 2 appeals and deny 24 cases

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The Indiana Supreme Court has accepted two cases, one involving a tax revenue assessment dispute and a second asking how trial judges decide on restraining defendants who disrupt courtroom proceedings.

A transfer list shows the justices considered a total of 26 transfer petitions and granted transfer in two cases – Rent-A-Center East, Inc. v. Indiana Department of State Revenue, No. 49S10-1112-TA-683, and Kenneth Dwayne Vaughn v. State of Indiana, No. 49S05-112-CR-684.

In Rent-A-Center, the Court of Appeals in May denied the revenue department’s motion for summary judgment and granted one in favor of RAC East. The department failed to designate any facts to show it complied with Indiana Code 6-3-2-2(p), so it hadn’t made a prima facie case that it is entitled to judgment as a matter of law regarding whether the department should consider alternatives to assessing tax based on a combined return. The appellate panel remanded the case to the revenue department, but now the state justices will consider the appeal.

In Vaughn, the intermediate appellate court reversed a Lake County trial judge’s refusal to grant a mistrial for a defendant who claimed the court went too far in physically restraining and preventing him from speaking at his trial. The court used caselaw from the 1980s when making its 2-1 decision concerning how far courts can go in restraining defendants who disturb the court proceedings. In this case, the majority found Lake Superior Judge Thomas Stefaniak Jr. went too far and overreacted in allowing the bailiff to put his hand over Vaughn’s mouth and handcuff him. Judge Ezra Friedlander had dissented, finding the trial judge’s actions were appropriate given the circumstances.

The justices denied 24 petitions in other cases, including In the Matter of the Trust of Harrison Eiteljorg, No. 49A02-1005-TR-495, which involved the two sons of the late Harrison Eiteljorg, founder of the Eiteljorg Museum of American Indians and Western Art in downtown Indianapolis. The appellate court found the brothers breached their duties as trustees on an estate matter, and the ruling issued guidance concerning how long a trustee should wait before turning to a probate court for guidance on distributing money to beneficiaries who dispute the monetary amounts they might receive.

 

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  1. Im very happy for you, getting ready to go down that dirt road myself, and im praying for the same outcome, because it IS sometimes in the childs best interest to have visitation with grandparents. Thanks for sharing, needed to hear some positive posts for once.

  2. Been there 4 months with 1 paycheck what can i do

  3. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

  4. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  5. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

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