ILNews

Opinions Aug. 25, 2014

August 25, 2014
Keywords
Back to TopE-mailPrintBookmark and Share

Indiana Supreme Court
Indiana Department of State Revenue v. Caterpillar, Inc.
49S10-1402-TA-79
Tax. Reverses judgment of the Indiana Tax Court in favor of Caterpillar, holding the company may not deduct foreign-source dividend income when calculating net operating losses based on plain statutory meaning. Caterpillar also did not meet its burden to prove the conclusion violated the Foreign Commerce Clause. Remands to the Tax Court with instructions to grant summary judgment in favor of the Department of Revenue.

Indiana Court of Appeals
John Barnhart v. State of Indiana
57A04-1312-CR-601
Criminal. Affirms convictions and aggregate 30-year sentence for two counts of Class A felony child molesting and one count of Class A misdemeanor possession of marijuana. Holds that any error regarding the trial court’s exclusion of a drug test showing the victim had no marijuana in her system was harmless. The trial court did not abuse its discretion in acknowledging Barnhart had been accused of prior sexual misconduct, and even if the accusations had not been considered, he likely would have received the same advisory concurrent sentences.     

Amanda Kay (Albin) Brasseur v. Gregory Joseph Brasseur (NFP)
42A05-1402-DR-84
Domestic relations. Affirms in part, reverses in part and remands order on distributions of marital assets, holding the trial court abused its discretion in assessing the value of a mortgage encumbering the marital residence.

In the Matter of the Involuntary Commitment of G.M. v. Columbus Regional Hospital Mental Health Facility and Dr. Michael Stark (NFP)
03A01-1312-MH-533
Mental health. Affirms order of involuntary commitment.

Karla Hart v. Douglas Kaderabek, M.D. (NFP)
49A02-1312-PL-1036
Civil plenary. Affirms summary judgment in favor of Douglas Kaderabek, M.D.

Tiandre Harris v. State of Indiana (NFP)
49A04-1401-CR-45
Criminal. Affirms conviction of murder.

Holly Richardson v. Med-1 Solutions, LLC, as Agent for Deaconess Hospital (NFP)
82A04-1403-SC-109
Small claims. Affirms denial of motion to correct error.

 

ADVERTISEMENT

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. I was looking through some of your blog posts on this internet site and I conceive this web site is rattling informative ! Keep on posting . dfkcfdkdgbekdffe

  2. Don't believe me, listen to Pacino: https://www.youtube.com/watch?v=z6bC9w9cH-M

  3. Law school is social control the goal to produce a social product. As such it began after the Revolution and has nearly ruined us to this day: "“Scarcely any political question arises in the United States which is not resolved, sooner or later, into a judicial question. Hence all parties are obliged to borrow, in their daily controversies, the ideas, and even the language, peculiar to judicial proceedings. As most public men [i.e., politicians] are, or have been, legal practitioners, they introduce the customs and technicalities of their profession into the management of public affairs. The jury extends this habitude to all classes. The language of the law thus becomes, in some measure, a vulgar tongue; the spirit of the law, which is produced in the schools and courts of justice, gradually penetrates beyond their walls into the bosom of society, where it descends to the lowest classes, so that at last the whole people contract the habits and the tastes of the judicial magistrate.” ? Alexis de Tocqueville, Democracy in America

  4. Attorney? Really? Or is it former attorney? Status with the Ind St Ct? Status with federal court, with SCOTUS? This is a legal newspaper, or should I look elsewhere?

  5. Once again Indiana has not only shown what little respect it has for animals, but how little respect it has for the welfare of the citizens of the state. Dumping manure in a pond will most certainly pollute the environment and ground water. Who thought of this spiffy plan? No doubt the livestock industry. So all the citizens of Indiana have to suffer pollution for the gain of a few livestock producers who are only concerned about their own profits at the expense of everyone else who lives in this State. Shame on the Environmental Rules Board!

ADVERTISEMENT