ILNews

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
94S00-1007-CQ-348
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
49T10-1007-TA-35
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
49S10-1010-TA-519
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
49S04-1009-CR-499
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. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  2. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  3. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  4. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  5. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

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