ILNews

Justices to hear 5 cases in next 2 days

IL Staff
September 27, 2011
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The Indiana Supreme Court hears five arguments in the next two days. Two are scheduled for Wednesday, and three will be heard on Thursday.

Wednesday at 9 a.m., the court will hear arguments in Troy R. Smith v. State of Indiana, No. 35S02-1106-CR-369, a Huntington County case involving a man who pleaded guilty to non-support of a dependent child and was placed on probation. Later, the Huntington Superior Court revoked probation when Smith did not continue paying the full amount of support. The Court of Appeals reversed on grounds the state had not proved Smith’s ability to pay and the trial court abused its discretion in revoking probation in full.

At 9:45 a.m., the justices will hear Indiana Department of Revenue v. AOL, LLC, No. 49S10-1108-TA-514. The state agency denied AOL’s claim for a refund for use tax paid on its in-state use of certain promotional materials sent to prospective and existing customers. On AOL’s original tax appeal, the Tax Court issued an unpublished order granting summary judgment to AOL.

A third argument scheduled for Wednesday – Indiana Department of Revenue v. United Parcel Service, Inc. – was cancelled.

On Thursday, the justices will hear three sets of arguments:
At  9 a.m., the justices will hear Sheila Perdue, et al. v. Michael Gargano, et al., No. 49S02-1107-PL-437. Plaintiffs brought a class action against Family and Social Services Administration seeking declaratory and injunctive relief with respect to the administration of Medicaid, Temporary Assistance to Needy Families and Supplemental Nutrition Assistance Program benefits. Sheila Perdue also brought an individual disability discrimination claim. The trial court granted summary judgment to FSSA on plaintiffs’ claim that their procedural due process rights were violated, but granted summary judgment to Perdue individually and to the class of SNAP applicants/recipients whose benefits were denied or terminated for failure to cooperate. On cross-appeals, the Court of Appeals affirmed the trial court’s judgment as to Perdue and as to those whose SNAP benefits were denied or terminated for failure to cooperate, and it reversed the award of summary judgment to FSSA, holding the procedures at issue did not afford plaintiffs due process.

At 9:45 a.m., the court hears Harold J. Klinker v. First Merchants Bank, No. 01S04-1107-PL-438. The Indiana Court of Appeals affirmed summary judgment for First Merchants Bank on its claims against Harold Klinker, including a fraud claim, and the order that he pay treble damages. The appellate court concluded that Klinker’s affidavit denying fraudulent intent and opposing summary judgment failed to show a genuine issue of material fact.

At 10:30 a.m., the court hears Rodney Nicholson v. State of Indiana, No. 55S01-1107-CR-444. Rodney Nicholson was found guilty of Class C felony stalking, but the Indiana Court of Appeals reversed due to insufficient evidence.
 

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  1. So that none are misinformed by my posting wihtout a non de plume here, please allow me to state that I am NOT an Indiana licensed attorney, although I am an Indiana resident approved to practice law and represent clients in Indiana's fed court of Nth Dist and before the 7th circuit. I remain licensed in KS, since 1996, no discipline. This must be clarified since the IN court records will reveal that I did sit for and pass the Indiana bar last February. Yet be not confused by the fact that I was so allowed to be tested .... I am not, to be clear in the service of my duty to be absolutely candid about this, I AM NOT a member of the Indiana bar, and might never be so licensed given my unrepented from errors of thought documented in this opinion, at fn2, which likely supports Mr Smith's initial post in this thread: http://caselaw.findlaw.com/us-7th-circuit/1592921.html

  2. When I served the State of Kansas as Deputy AG over Consumer Protection & Antitrust for four years, supervising 20 special agents and assistant attorneys general (back before the IBLE denied me the right to practice law in Indiana for not having the right stuff and pretty much crushed my legal career) we had a saying around the office: Resist the lure of the ring!!! It was a take off on Tolkiem, the idea that absolute power (I signed investigative subpoenas as a judge would in many other contexts, no need to show probable cause)could corrupt absolutely. We feared that we would overreach constitutional limits if not reminded, over and over, to be mindful to not do so. Our approach in so challenging one another was Madisonian, as the following quotes from the Father of our Constitution reveal: The essence of Government is power; and power, lodged as it must be in human hands, will ever be liable to abuse. We are right to take alarm at the first experiment upon our liberties. I believe there are more instances of the abridgement of freedom of the people by gradual and silent encroachments by those in power than by violent and sudden usurpations. Liberty may be endangered by the abuse of liberty, but also by the abuse of power. All men having power ought to be mistrusted. -- James Madison, Federalist Papers and other sources: http://www.constitution.org/jm/jm_quotes.htm RESIST THE LURE OF THE RING ALL YE WITH POLITICAL OR JUDICIAL POWER!

  3. My dear Mr Smith, I respect your opinions and much enjoy your posts here. We do differ on our view of the benefits and viability of the American Experiment in Ordered Liberty. While I do agree that it could be better, and that your points in criticism are well taken, Utopia does indeed mean nowhere. I think Madison, Jefferson, Adams and company got it about as good as it gets in a fallen post-Enlightenment social order. That said, a constitution only protects the citizens if it is followed. We currently have a bevy of public officials and judicial agents who believe that their subjectivism, their personal ideology, their elitist fears and concerns and cause celebs trump the constitutions of our forefathers. This is most troubling. More to follow in the next post on that subject.

  4. Yep I am not Bryan Brown. Bryan you appear to be a bigger believer in the Constitution than I am. Were I still a big believer then I might be using my real name like you. Personally, I am no longer a fan of secularism. I favor the confessional state. In religious mattes, it seems to me that social diversity is chaos and conflict, while uniformity is order and peace.... secularism has been imposed by America on other nations now by force and that has not exactly worked out very well.... I think the American historical experiment with disestablishmentarianism is withering on the vine before our eyes..... Since I do not know if that is OK for an officially licensed lawyer to say, I keep the nom de plume.

  5. I am compelled to announce that I am not posting under any Smith monikers here. That said, the post below does have a certain ring to it that sounds familiar to me: http://www.catholicnewworld.com/cnwonline/2014/0907/cardinal.aspx

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