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Opinions Sept. 13, 2019

September 13, 2019

Indiana Supreme Court
Rainbow Realty Group, Inc., et al. v. Katrina Carter and Quentin Lintner
19S-CC-38
Civil collection. Affirms the Marion Superior Court’s judgment for tenants Katrina Carter and Quentin Lintner against Rainbow Realty Group Inc. on their claim under Indiana’s residential landlord tenant statutes. Reverses the judgment awarding relief to the couple under the Deceptive Consumer Sales Act and remands with instructions to enter judgment for Rainbow.  Affirms the trial court’s resolution of the remaining claims and counterclaims. Remands with instructions to recalculate the couple’s award of reasonable attorney’s fees, including appellate fees they may seek. 

IU Maurer launches nation’s first family office practice program

September 13, 2019 | IL Staff

Students interested in working for family offices or firms with family office service practices can now receive training through a newly launched Indiana University Maurer School of Law program. IU Maurer’s family office practice program will be the first in the nation to target the specific practice area, the school announced Thursday.

Indiana couple accused of ditching adopted girl, moving to Canada

September 13, 2019 | Associated Press

Indiana prosecutors have charged a couple with abandoning their adopted daughter in 2013 and moving to Canada, renting an apartment in Lafayette for the then-11-year-old girl but otherwise leaving her to fend for herself. Prosecutors in Tippecanoe County filed neglect charges Wednesday against 45-year-old Kristine Elizabeth Barnett and 43-year-old Michael Barnett.

Indy attorney named American College of Transportation Attorneys chair

September 13, 2019 | IL Staff

An Indianapolis transportation attorney has been named chairman of the American College of Transportation Attorneys. ACTA, a nonprofit association consisting of a select nationwide group of experienced transportation defense lawyers, announced its election of Scopelitis, Gavin, Light, Hanson & Feary partner Michael B. Langford as chairman effective Aug. 16.

Justices consider PCR for Gary man convicted in slaying

September 13, 2019 | Olivia Covington

He was convicted in 2013 of brutally killing his wife and two stepchildren. His death sentence has already been upheld on direct appeal, but Kevin Isom is again asking the Indiana Supreme Court to give him another chance at a sentence less than death.

Supreme Court grants partial victory for would-be buyers in Rainbow Realty dispute

September 13, 2019 | Katie Stancombe

Would-be homebuyers secured a partial victory from the Indiana Supreme Court against Rainbow Realty Group after it concluded the parties’ rent-to-buy agreement was not a land-sale contract. However, relief awarded to the tenants under Indiana’s Deceptive Consumer Sales Act was reversed.

11/8 – Fair Housing Legal Seminar (Indianapolis)

Speaker: Robert G. Schwemm, Ashland-Spears Distinguished Research Professor and William L. Matthews, Jr. Professor of Law at the University of Kentucky College of Law Click here to view agenda. Date: Friday, November 8, 2019 Time (local time): 9:00 am – 3:30 pm Credit hours: 5.3 CLE Cost: $75 (includes box lunch) Location: John Boner Neighborhood […]

Prosecutors: Indiana woman stole $18K meant for boy’s burial

September 13, 2019 | Associated Press

An Evansville woman has been arrested for allegedly stealing money intended for the burial plot and headstone of a 3-year-old boy who died in a hot car.

Danville man convicted in death of girlfriend’s 4-year-old

September 13, 2019 | Associated Press

A Danville man has been convicted of murder in the November 2017 death of his girlfriend’s 4-year-old son.

Merrillville man sentenced in killing girlfriend’s mom, brother

September 13, 2019 | Associated Press

A 23-year prison sentence was handed a northwest Indiana man for the 2017 murder of his girlfriend’s mother and brother.

12/3 – Ethics: The Latest Issues You Need to Know (Indianapolis)

Moderator: Jack Stark, Barnes & Thornburg LLP Presenters: James Bell, Paganelli Law Group, Program Chair Meg Christensen, Bingham Greenebaum Doll LLP Mike Witte, Executive Director, Indiana Disciplinary Commission Click here for more details. Date: Tuesday, December 3, 2019 Time: 2:30 – 4:45 pm Registration begins at 2:00 pm Credit Hours: 2.0 CLE/Ethics Cost: $99 Click […]

Teen declared delinquent after in fire at warehouse complex

September 13, 2019 | Associated Press

A teenager charged with arson in a fire that swept a vacant warehouse complex in western Indiana nearly four months after another blaze damaged the same site has been declared a delinquent child.

Opinions Sept. 12, 2019

September 12, 2019

Indiana Court of Appeals
William Hedrick v. State of Indiana
18A-CR-01945
Criminal. Grants William Hedrick’s petition for rehearing to correct errors in the Indiana Court of Appeals’ original opinion. Reaffirms the original opinion in all other respects, holding the erroneous admission of the Drug Enforcement Administration agent’s deposition testimony was harmless.

State cannot overcome calendar in appeal of suppression order

September 12, 2019 | Marilyn Odendahl

Although the state was able to get a trial court to reconsider the suppression of cellphone evidence in a rape trial, it could not convince the Indiana Court of Appeals that its pursuit of an interlocutory appeal was timely.

 

Ethics: The Latest Issues You Need to Know

Presented in Partnership with   MODERATOR Jack Stark Barnes & Thornburg LLP PRESENTERS James Bell Pagenelli Law Group, Program Chair Meg Christensen Bingham Greenebaum Doll LLP Mike Witte Executive Director, Indiana Disciplinary Commission No refund will be given for cancellations received after the RSVP date. Questions? Contact Karen Aruta • (317) 472-5201 • [email protected]

Despite fact dispute, estate must sue psychiatric center under Med-Mal Act

September 12, 2019 | Olivia Covington

Though there is a dispute about who initiated an altercation between a psychiatric patient and his care provider that led to the patient’s death, the factual dispute does not change an earlier Indiana Court of Appeals determination that a wrongful death claim brought by the patient’s estate is subject to the Medical Malpractice Act.

Lack of endangerment reverses public intoxication conviction

September 12, 2019 | Katie Stancombe

A man’s public intoxication conviction has been reversed after he successfully argued to the Indiana Court of Appeals that his life was not endangered by being drunk next to an Indianapolis street.

Rehearing is little relief for convicted Muncie pain clinic doctor

September 12, 2019 | Katie Stancombe

A Muncie pain clinic doctor convicted of forgery and prescription-related offenses had his petition for rehearing granted Thursday. However, the Indiana Court of Appeals held that while testimony admitted from a Drug Enforcement Administration agent was in error, it was harmless.

Justices order state courts to adopt security plans 

September 12, 2019 | IL Staff

Changes have been made to Indiana’s court security rules, adding new language that addresses individual court security plans.

Biased juror’s seating reverses post-conviction ruling on rehearing

September 12, 2019 | Dave Stafford

An Indiana Court of Appeals panel admitted it erred in a prior post-conviction ruling, finding after rehearing that a man was entitled to a new trial because a clearly biased juror was seated in his child molesting trial.

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In This Issue

  • Attorneys emphasize planning early for smoother retirement

  • Indiana Legal Help looks ahead to what’s possible amid transition

  • Attorney for family of Hamilton County crash victim faces felony after allegedly stealing car parts

Most Read
  • House committee advances bill redefining hemp, putting Indiana on path to more restrictions

  • Brownsburg school district to pay $650K to settle former teacher’s religious accommodation claims

  • Midwest firm accuses former partners of orchestrating mass staff exodus

  • 13 attorneys general sue Evansville-based OneMain over hidden loan add-ons

  • Marion County judicial selection committee finds judge ‘not suitable’ for retention

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