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Opinions June 17, 2010

June 17, 2010
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The following opinions were posted after IL deadline Wednesday.
Indiana Tax Court

Mirant Sugar Creek, LLC v. Indiana Dept. of State Revenue
71T10-0803-TA-18
Tax. Denies in part Mirant’s cross-motion for summary judgment on whether Mirant obtained a ruling from the Department of State Revenue providing that it wasn’t subject to the Utility Services Use Tax. The department’s denial of Mirant’s claim wasn’t precluded by Indiana Code Section 6-8.1-3-3. Affirms in part Mirant’s cross-motion for summary judgment on whether the company’s purchases of natural gas was subject to the USUT during the period at issue. Its purchases weren’t subject to the tax pursuant to I.C. sections 6-2.3-3-5 and 6-2.3-5.5-4(2). The department is ordered to refund Mirant the USUT taxes it paid for the period at issue.

Mirant Sugar Creek, LLC v. Indiana Dept. of State Revenue (NFP)

71T10-0803-TA-18
Tax. Denies the Department of State Revenue’s motion to strike in its entirety the affidavit of Mirant’s senior tax analyst and three pages of e-mails between the analyst and a tax analyst with the state department.

Today’s opinions
Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals

Russel Howard v. American Family Mutual Insurance Co.
87A01-0910-CV-512
Civil. Reverses grant of American Family’s motion to substitute the underinsured driver as the sole defendant at trial in Howard’s suit following an accident. Indiana law does not allow the underinsured driver’s substitution as a nominal defendant in these circumstances.

William B. Jones v. State of Indiana
73A01-0911-CR-532
Criminal. Affirms conviction of resisting law enforcement and finding to be a habitual offender. A gaming agent of the Indiana Gaming Commission constitutes a law enforcement officer for purposes of the offense of resisting law enforcement.

Medical Realty Associates, LLC, et al. v. D.A. Dodd, Inc., et al.
45A03-0909-CV-426
Civil. Reverses order denying Medical Realty Associates and Hasse Construction Co.’s motion to compel arbitration and request to stay the mechanic’s lien foreclosure action initiated by D.A. Dodd, and declaring the arbitration unavailable for a claim brought by Korellis Roofing.  By the clear unambiguous language of the Dodd Subcontracts, Hasse is given the option to require arbitration of any or all of Dodd’s claims, including those against MRA and Pinnacle Hospital. The trial court ruled prematurely that Korellis cannot be compelled to arbitrate. Remands for further proceedings.

W.H. v. State of Indiana
49A02-0912-JV-1166
Juvenile. Affirms denial of motion to suppress evidence and adjudication for Class A misdemeanor carrying a handgun without a license. Finds that W.H.’s detention was supported by reasonable suspicion and did not offend his federal constitutional rights. Holds that the stop did not violate W.H.’s state constitutional protections, as the level of suspicion and extent of law enforcement needs outweighed the degree of intrusion.

Burl E. and Carolyn S. Grayson v. United Federal Savings & Loan Association of Crawfordsville, Ind. (NFP)
54A04-1002-MF-114
Civil. Affirms judgment for Union Federal Savings in the Graysons’ counterclaim seeking damages for Union Federal’s disposition of personal property as to which the Graysons were junior holders of a secured interest.

Patricia Garrison v. State of Indiana (NFP)
48A04-0910-CR-568
Criminal. Affirms sentence imposed following revocation of probation.

Daniel Mojica, as Special Administrator of the Estate of Felix Mojica, Jr., Deceased v. Hector Rosario, et al. (NFP)
45A03-0903-CV-116
Civil. Affirms jury verdict in favor of Rosario and the City of East Chicago in Mojica’s suit following the shooting death of Mojica.

Paul Roell v. American Senior Communities, et al. (NFP)
20A03-1001-CC-7
Civil. Affirms summary judgment in favor of American Senior Communities in Roell’s suit that he was discharged in retaliation.

S.P. v. Review Board (NFP)
93A02-0912-EX-1245
Civil. Affirms S.P. is not entitled to unemployment benefits.

Byron D. Thomas v. State of Indiana (NFP)
20A03-0904-CR-182
Criminal. Affirms sentence following guilty plea to dealing in cocaine, one as a Class A felony and one as a Class B felony.

Indiana Tax Court had posted no opinions at IL deadline.


 

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  1. Compromising precious constitutional rights in order to protect them? Rather like the military intelligence slogan that the town had to be destroyed in order to save it. Looks like Joseph, Mary and Baby Jesus will have quite the eventful Boxing Day this year. Wise men will arrive to find no one to accept their gifts? Oh well, wisdom not all that desired this xmas anyway. Maybe the ACLU and Christian attorneys can work out a "three days every third year" visitation compromise and all of this messy litigation stuff can just be boxed up as well? It is an art form, now isn't it? Thomas More, a man of manifold compromises is undoubtedly cheering on wildly.

  2. From the MCBA: “This situation is not just about the death of Michael Brown, but the thousands of other African-Americans who are disproportionately targeted and killed by police officers.” The association said it was “saddened and disappointed” by the decision not to indict Ferguson police officer. HOPING that the MCBA will denouce the execution style killig of two NYC police officers this day, seemingly the act of one who likewise believes that the police are targeting blacks for murder and getting away with it. http://www.mediaite.com/online/two-nypd-cops-fatally-shot-in-ambush-in-brooklyn/ Pray this violence soon ends, and pray it stays far away from Indiana.

  3. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  4. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  5. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

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