Hammerle on… “First Man,” “The Old Man & the Gun”
Movie reviewer Robert Hammerle sings the praises of period pieces “First Man” and Robert Redford’s swan song, “The Old Man & the Gun.”
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Indiana Court decisions – Oct. 10-24, 2018
Read Indiana appellate court opinions from the most recent reporting period.
Mail bomb suspect makes first court appearance
Federal prosecutors want no bail for a man accused of sending pipe bombs to prominent Democrats around the country. Prosecutors said at the initial court hearing Monday for 56-year-old Cesar Sayoc that they believe he is a risk of flight and a danger to the community.
Woman charged with leaving racist note on neighbor’s home
A central Indiana woman allegedly left a note on a neighbor’s home filled with racist slurs targeting the family’s black son and warning “this is a white neighborhood.”
Opinions Oct. 29, 2018
Indiana Tax Court
Sahara Mart, Incorporated v. Indiana Department of State Revenue
49T10-1709-TA-17
Tax. Grants the Indiana Department of State Revenue’s motion for sanctions and contempt against Sahara Mart, Incorporated following a determination finding Sahara Mart left unpaid Indiana sales tax liabilities for the 2013, 2014, and 2015 tax years. Finds Sahara Mart unsuccessfully attempted to avoid charges of perjury and witness tampering through evidentiary objections. Orders Sahara Mart to the Department’s attorney’s fees in the amount of $45,000.
Justices agree to hear case regarding ‘obscene’ material on cellphone
The Indiana Supreme Court granted one transfer request and denied 18 others last week, agreeing to hear argument as to whether content found on the phone of a man convicted of sexual misconduct with a minor is considered obscene under an Indiana statute.
Store owner fined $45K for contempt, perjury, witness tampering
The Indiana Tax Court dismissed a case and ordered sanctions when it found a store owner committed perjury and witness tampering by attempting to influence his employees’ testimony in an investigation against him.
Reversal: Inmate may appeal despite belated notice
The Indiana Court of Appeals reversed the denial of an inmate’s permission to file a belated notice of appeal when it found he was an eligible defendant under to Post-Conviction Rule 2.
Synagogue survivors recall ordeal; suspect due in court
Robert Gregory Bowers killed eight men and three women at a Pittsburgh synagogue on Saturday before a tactical police team tracked him down and shot him, according to state and federal affidavits made public on Sunday. The gunman is set to appear in federal court Monday morning, and prosecutors are planning to seek the death penalty.
West Virginia Supreme Court halts impeachment trials
West Virginia’s Supreme Court has effectively halted the legislature’s remaining efforts to impeach the state’s justices as a violation of the separation of powers doctrine.
Indiana lawmakers move forward on legal sports gambling
Indiana could join several states in legalizing sports betting following a committee’s unanimous recommendation that lawmakers consider the change. The Interim Study Committee on Public Policy voted this month to recommend legislation to bring legal sports betting to Indiana.
COA affirms breach, fraud, unjust enrichment claims brought by bank
A bank that brought breach of contract, fraud and unjust enrichment claims against its loanee won each of those claims on appeal, but failed to state a claim that the loanee violated the “usual and customary practices” laid out in its participation agreement, according to a Friday opinion from the Indiana Court of Appeals.
Opinions Oct. 26, 2018
Indiana Court of Appeals
M Jewell, LLC v. Roger Bainbridge, in his capacity as Grant County Auditor; Sarah A. Melford, in her capacity as County Treasurer; John Lawson, in his capacity as a Grant County Commissioner; et al.
18A-MI-36
Miscellaneous. Affirms the Grant Superior Court’s grant of summary judgement to SRI, Inc. on M Jewell, LLC’s third-party beneficiary claim. Finds the trial court properly awarded summary judgment to SRI. Finds M Jewell cannot be considered as a third-party beneficiary to the agreements made between Grant County and SRI because language in the agreements did not indicate an intention to benefit tax purchasers.
Pakistanis lose initial challenge to ‘secret’ immigration denial
Two Pakistani immigrants have lost their initial bid for the government to reopen their denied applications for permanent residency, with a district judge ruling their request for injunctive relief against a “secret” policy designed to withhold permanent resident status from certain immigrants is premature.
Reversal: Bonded projects not ‘completed’ under language of agreement
The Indiana Court of Appeals reversed and remanded the grant of summary judgment in favor of an investment firm after it found that a series of bonded projects were not completed within the scope of the meaning of “completion” as set forth by an agreement between the litigants.
COA: Property purchaser not 3rd party beneficiary in tax sale contracts
The Indiana Court of Appeals affirmed summary judgment to a government tax sale organizer after finding a real estate purchaser was not a third-party beneficiary of contracts made between the organizer and the county.
Supreme Court accepts resignation, imposes suspension
The Indiana Supreme Court has accepted the resignation of a Hoosier attorney who faced multiple felony drunken-driving counts. Justices also ordered reciprocal discipline for another lawyer who was removed from the practice of law by the Seventh Circuit Court of Appeals.
Jury award of $21M in drunk driving crash upheld
A Marion County jury’s award of more than $21 million to a passenger rendered paraplegic when an intoxicated friend crashed his truck after a night of drinking was upheld Friday by the Indiana Court of Appeals.
Suit against Hill could cost taxpayers; accusers to name state
The Indiana Attorney General’s Office is now in the process of investigating a complaint filed against it, the state and Attorney General Curtis Hill after four women who publicly accused Hill of groping them at a party filed official notice of a civil lawsuit. If the women succeed on their claims against state defendants, taxpayers could be on the hook to pay any judgments.
Man accused in attack on mother told police he was possessed
Police say a northeastern Indiana a man told an officer that he was possessed by demons and Adolf Hitler when he allegedly bit, hit, punched and choked his mother.