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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. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

  2. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  3. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  4. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  5. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

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