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. File under the Sociology of Hoosier Discipline ... “We will be answering the complaint in due course and defending against the commission’s allegations,” said Indianapolis attorney Don Lundberg, who’s representing Hudson in her disciplinary case. FOR THOSE WHO DO NOT KNOW ... Lundberg ran the statist attorney disciplinary machinery in Indy for decades, and is now the "go to guy" for those who can afford him .... the ultimate insider for the well-to-do and/or connected who find themselves in the crosshairs. It would appear that this former prosecutor knows how the game is played in Circle City ... and is sacrificing accordingly. See more on that here ... http://www.theindianalawyer.com/supreme-court-reprimands-attorney-for-falsifying-hours-worked/PARAMS/article/43757 Legal sociologists could have a field day here ... I wonder why such things are never studied? Is a sacrifice to the well connected former regulators a de facto bribe? Such questions, if probed, could bring about a more just world, a more equal playing field, less Stalinist governance. All of the things that our preambles tell us to value could be advanced if only sunshine reached into such dark worlds. As a great jurist once wrote: "Publicity is justly commended as a remedy for social and industrial diseases. Sunlight is said to be the best of disinfectants; electric light the most efficient policeman." Other People's Money—and How Bankers Use It (1914). Ah, but I am certifiable, according to the Indiana authorities, according to the ISC it can be read, for believing such trite things and for advancing such unwanted thoughts. As a great albeit fictional and broken resistance leaders once wrote: "I am the dead." Winston Smith Let us all be dead to the idea of maintaining a patently unjust legal order.

  2. The Department of Education still has over $100 million of ITT Education Services money in the form of $100+ million Letters of Credit. That money was supposed to be used by The DOE to help students. The DOE did nothing to help students. The DOE essentially stole the money from ITT Tech and still has the money. The trustee should be going after the DOE to get the money back for people who are owed that money, including shareholders.

  3. Do you know who the sponsor of the last-minute amendment was?

  4. Law firms of over 50 don't deliver good value, thats what this survey really tells you. Anybody that has seen what they bill for compared to what they deliver knows that already, however.

  5. As one of the many consumers affected by this breach, I found my bank data had been lifted and used to buy over $200 of various merchandise in New York. I did a pretty good job of tracing the purchases to stores around a college campus just from the info on my bank statement. Hm. Mr. Hill, I would like my $200 back! It doesn't belong to the state, in my opinion. Give it back to the consumers affected. I had to freeze my credit and take out data protection, order a new debit card and wait until it arrived. I deserve something for my trouble!

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