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 On AOL’s original tax appeal, the Tax Court issued an unpublished order granting summary judgment to AOL.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. Ah yes... Echoes of 1963 as a ghostly George Wallace makes his stand at the Schoolhouse door. We now know about the stand of personal belief over service to all constituents at the Carter County Clerk door. The results are the same, bigotry unable to follow the directions of the courts and the courts win. Interesting to watch the personal belief take a back seat rather than resign from a perception of local power to make the statement.

  2. An oath of office, does it override the conscience? That is the defense of overall soldier who violates higher laws, isnt it? "I was just following orders" and "I swore an oath of loyalty to der Fuhrer" etc. So this is an interesting case of swearing a false oath and then knowing that it was wrong and doing the right thing. Maybe they should chop her head off too like the "king's good servant-- but God's first" like St Thomas More. ...... We wont hold our breath waiting for the aclu or other "civil liberterians" to come to her defense since they are all arrayed on the gay side, to a man or should I say to a man and womyn?

  3. Perhaps we should also convene a panel of independent anthropological experts to study the issues surrounding this little-known branch of human sacrifice?

  4. I'm going to court the beginning of Oct. 2015 to establish visitation and request my daughters visits while she is in jail. I raised my grandchild for the first two and half years. She was born out of wedlock and the father and his adopted mother wantwd her aborted, they went as far as sueing my daughter for abortion money back 5mo. After my grandchild was born. Now because of depression and drug abuse my daughter lost custody 2 and a half years ago. Everyting went wrong in court when i went for custody my lawyer was thrown out and a replacment could only stay 45 min. The judge would not allow a postponement. So the father won. Now he is aleinating me and my daughter. No matter the amount of time spent getting help for my daughter and her doing better he runs her in the ground to the point of suicide because he wants her to be in a relationship with him. It is a sick game of using my grandchild as a pawn to make my daughter suffer for not wanting to be with him. I became the intervener in the case when my daughter first got into trouble. Because of this they gave me her visitation. Im hoping to get it again there is questions of abuse on his part and I want to make sure my grandchild is doing alright. I really dont understand how the parents have rights to walk in and do whatever they want when the refuse to stand up and raise the child at first . Why should it take two and a half years to decide you want to raise your child.The father used me so he could finish college get a job and stop paying support by getting custody. Support he was paying my daughter that I never saw.

  5. Pence said when he ordered the investigation that Indiana residents should be troubled by the allegations after the video went viral. Planned Parenthood has asked the government s top health scientists at the National Institutes of Health to convene a panel of independent experts to study the issues surrounding the little-known branch of medicine.

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