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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. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  2. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  3. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  4. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  5. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

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