ILNews

Justices grant five transfers

Michael W. Hoskins
January 1, 2008
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The Indiana Supreme Court has accepted five new cases.

At its weekly conference Aug. 28, justices granted transfer in two civil cases, two criminal cases, and a tax court case.

• Brenda and Darren Wagner v. Bobbi Yates, et al., No. 22A01-0710-CV-474: An underinsured motorist policy case from Floyd County. The Court of Appeals in April affirmed the lower court's granting of a motion for summary judgment in favor of American Standard Insurance Company of Wisconsin, the Wagners' automobile insurer. The court ruled that American Standard can set off payments made by State Farm under its Underinsured Motorist Coverage to the Wagners, and so it declined to address the issue of whether an anti-stacking clause exists in the policy.
• Kitchin Hospitality LLC v. Indiana Department of State Revenue, No. 49T10-0604-TA-35: A not-for-publication tax case from March where the Tax Court denied the state agency's motion for summary judgment and granted Kitchin's motion for summary judgment, holding that during the years at issue utilities consumed in some hotel rooms qualified for tangible personal property exemptions under Indiana Code § 6-2.5-5-35(2)(B)(i).
• Keith Myers v. Wesley C. Leedy, No. 85A02-0711-CV-999: a case from Wabash County where the Court of Appeals in April reversed and remanded a lower court's decision that Leedy's interest in a piece of property as a tenant survived the forfeiture of his landlord's land sale contract.
• Tony R. Gray v. State of Indiana, No. 10A01-0708-CR-356: a Clark County case where the Court of Appeals in a June not-for-publication opinion affirmed convictions on two counts of robbery and three counts of criminal confinement.
• State of Indiana v. Shannon Hollars, No. 12A02-0711-CR-979: a Clinton County case that the Court of Appeals reversed in June, concluding that the lower court abused its discretion in granting Hollars' motion to correct error. The appellate court found the three perceived errors - jury instruction, a discovery violation, and timing of the search warrant execution - didn't warrant a new attempted murder trial, either individually or collectively, and therefore the court reinstated the jury's verdict and the 22-year sentence.
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  1. 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.

  2. 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?

  3. I will agree with that as soon as law schools stop lying to prospective students about salaries and employment opportunities in the legal profession. There is no defense to the fraudulent numbers first year salaries they post to mislead people into going to law school.

  4. The sad thing is that no fish were thrown overboard The "greenhorn" who had never fished before those 5 days was interrogated for over 4 hours by 5 officers until his statement was illicited, "I don't want to go to prison....." The truth is that these fish were measured frozen off shore and thawed on shore. The FWC (state) officer did not know fish shrink, so the only reason that these fish could be bigger was a swap. There is no difference between a 19 1/2 fish or 19 3/4 fish, short fish is short fish, the ticket was written. In addition the FWC officer testified at trial, he does not measure fish in accordance with federal law. There was a document prepared by the FWC expert that said yes, fish shrink and if these had been measured correctly they averaged over 20 inches (offshore frozen). This was a smoke and mirror prosecution.

  5. I love this, Dave! Many congrats to you! We've come a long way from studying for the bar together! :)

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