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. Being dedicated to a genre keeps it alive until the masses catch up to the "trend." Kent and Bill are keepin' it LIVE!! Thank you gentlemen..you know your JAZZ.

  2. Hemp has very little THC which is needed to kill cancer cells! Growing cannabis plants for THC inside a hemp field will not work...where is the fear? From not really knowing about Cannabis and Hemp or just not listening to the people teaching you through testimonies and packets of info over the last few years! Wake up Hoosier law makers!

  3. If our State Government would sue for their rights to grow HEMP like Kentucky did we would not have these issues. AND for your INFORMATION many medical items are also made from HEMP. FOOD, FUEL,FIBER,TEXTILES and MEDICINE are all uses for this plant. South Bend was built on Hemp. Our states antiquated fear of cannabis is embarrassing on the world stage. We really need to lead the way rather than follow. Some day.. we will have freedom in Indiana. And I for one will continue to educate the good folks of this state to the beauty and wonder of this magnificent plant.

  4. Put aside all the marijuana concerns, we are talking about food and fiber uses here. The federal impediments to hemp cultivation are totally ridiculous. Preposterous. Biggest hemp cultivators are China and Europe. We get most of ours from Canada. Hemp is as versatile as any crop ever including corn and soy. It's good the governor laid the way for this, regrettable the buffoons in DC stand in the way. A statutory relic of the failed "war on drugs"

  5. Cannabis is GOOD for our PEOPLE and GOOD for our STATE... 78% would like to see legal access to the product line for better Hoosier Heath. There is a 25% drop in PAIN KILLER Overdoses in states where CANNABIS is legal.

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