Opinions Feb. 9, 2011

February 9, 2011
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The following opinions were posted after IL deadline Tuesday.
Indiana Supreme Court
Nicholas Green v. Ford Motor Company
Certified question. Concludes in a crashworthiness case alleging enhanced injuries under the Indiana Product Liability Act, it is the function of the fact-finder to consider and evaluate the conduct of all relevant actors who are alleged to have caused or contributed to cause the harm for which the plaintiff seeks damages. The fact-finder shall apportion fault to the injured person only if the fact-finder concludes that the fault of the injured person is a proximate cause of the injuries for which damages are sought.

Indiana Tax Court
Indiana Dept. of State Revenue, Inheritance Tax Division v. In the Matter of the Estate of Deloras J. Biddle
Tax. Reverses probate court decision that the estate was not required to file an inheritance tax return because the checks issued by MetLife to Biddle’s brother were life insurance proceeds and not annuity contract payments. The probate court provided no reasoning, nor cited any other evidence which would support its conclusion that the MetLife payments to Biddle’s brother were life insurance proceeds. Remands to order the estate to provide a copy of the MetLife contracts so that it may be determined whether the estate was indeed required to file an Indiana inheritance tax return and remit inheritance tax on the transfers to Biddle’s brother.

Today’s opinions
Indiana Supreme Court
Indiana Dept. of State Revenue v. Belterra Resort Indiana, LLC
Tax. Grants rehearing to address the question of whether Belterra is subject to a tax penalty. Remands to the Indiana Tax Court to determine the timeliness of Belterra’s argument and, if timely, whether Belterra is subject to the penalty and, if so, whether the penalty should be waived. Affirms original opinion in all other respects. Justice Dickson concurs in result, believing the rehearing should also be granted to revisit the previous decision on the “step transaction” issue.

Noe Romo v. State of Indiana
Criminal. Affirms the trial court did not err in admitting the translation transcripts of conversations recorded in Spanish between Romo and a police informant. The written English translations of foreign language recordings may be admitted as substantive evidence, and the recordings themselves generally should be admitted and played as well, but under the circumstances in the instant case, the failure to play the Spanish recordings is not a reversible error. Summarily affirms the Indiana Court of Appeals on all other issues.

Indiana Court of Appeals had posted no opinions at IL deadline.

Indiana Tax Court had posted no opinions at IL deadline.


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  1. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  2. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  3. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  4. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  5. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.