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Opinions Aug. 25, 2014

August 25, 2014
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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.

 

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  1. My daughters' kids was removed from the home in March 2015, she has been in total compliance with the requirements of cps, she is going to court on the 4th of August. Cps had called the first team meeting last Monday to inform her that she was not in compliance, by not attending home based therapy, which is done normally with the children in the home, and now they are recommending her to have a psych evaluation, and they are also recommending that the children not be returned to the home. This is all bull hockey. In this so called team meeting which I did attend for the best interest of my child and grandbabies, I learned that no matter how much she does that cps is not trying to return the children and the concerns my daughter has is not important to cps, they only told her that she is to do as they say and not to resist or her rights will be terminated. I cant not believe the way Cps treats people knowing if they threaten you with loosing your kids you will do anything to get them back. My daughter is drug free she has never put her hands on any of her children she does not scream at her babies at all, but she is only allowed to see her kids 6 hours a week and someone has to supervise. Lets all tske a stand against the child protection services. THEY CAN NO LONGER TAKE CHILDREN FROM THERE PARENTS.

  2. Planned Parenthood has the government so trained . . .

  3. In a related story, an undercover video team released this footage of the government's search of the Planned Parenthood facilities. https://www.youtube.com/watch?v=ZXVN7QJ8m88

  4. Here is an excellent movie for those wanting some historical context, as well as encouragement to stand against dominant political forces and knaves who carry the staves of governance to enforce said dominance: http://www.copperheadthemovie.com/

  5. Not enough copperheads here to care anymore, is my guess. Otherwise, a totally pointless gesture. ... Oh wait: was this done because somebody want to avoid bad press - or was it that some weak kneed officials cravenly fear "protest" violence by "urban youths.."

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