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Opinions Sept. 27, 2018

September 27, 2018

Indiana Court of Appeals

Rainbow Realty Group, Inc., and/or Cress Trust v. Katrina Carter and Quentin Lintner,
49A02-1707-CC-1473.
Civil collections. Reverses the Marion Superior Court’s entry of summary judgment in favor of Katrina Carter and Quentin Lintner. Reverses the award to them of $4,000 in damages and $3,000 in attorney fees. Remands with instructions to enter summary judgment for Rainbow Realty. Finds Rainbow’s rent-to-buy agreement was not a lease; that Rainbow had not committed fraud as a matter of law; and that because Carter and Lintner did not prevail, they are not entitled to legal fees.

Justices consider ouster of Yorktown clerk-treasurer

September 27, 2018

Choosing to forcibly remove an elected official from office is a weighty decision, one that requires government officials to go against the will of the voters — presumably for the public good. In theory, an impeachment occurs only when an elected officer has egregiously failed to perform his or her duties, leaving no choice but to force the official to vacate her office.

Foreclosure, judgment for Kokomo property owners reversed

September 27, 2018

An Indiana trial court must recalculate the amount of damages that must be paid by a couple who defaulted on a real estate contract after an appellate panel determined the trial court erred in allowing for both a forfeiture and foreclosure remedy for the default.

DCS agrees reversal required in CHINS case over pot

September 27, 2018

The Indiana Court of Appeals reversed a child in need of services determination based on the Department of Child Services’ agreement that reversal was required because there was insufficient evidence to prove a mother’s marijuana use ever harmed her minor child.

Appeals court reverses ruling for purchasers in rent-to-buy home case

September 27, 2018

Would-be homebuyers who won a fraud decision against a company that sells “rent-to-buy” fixer homes after they were evicted lost at the Indiana Court of Appeals on Thursday. An appellate panel reversed a ruling against Indianapolis-based Rainbow Realty, ordering Marion Superior Court to rule in its favor instead. 

COA: Parental privilege claims fail in spanking case

September 27, 2018

The Indiana Court of Appeals affirmed a father’s battery conviction after finding he used an unreasonable amount of force when disciplining his 6-year-old child for speaking out of turn in her first-grade class.

Hispanic Heritage Month to celebrate access to justice after Hurricane María

September 27, 2018

The United States District Court for the Southern District of Indiana and the Indiana State Bar Association Latino Affairs Committee will host a discussion about Puerto Rico’s recovery and access to justice after Hurricane María at its second annual Hispanic Heritage Month celebration.

Pension plan wins appeal in suit challenging bifurcated divorce

September 27, 2018

A long-running pension dispute involving a woman whose husband died during the pendency of a bifurcated divorce hearing is headed back to the trial court after the Indiana Court of Appeals found multiple issues with the lower court’s rulings.

Retrial planned in eastern Indiana fatal stabbing case

September 27, 2018

A retrial is planned after a jury couldn’t reach a verdict in the trial of a man charged in the death of a man found stabbed on a sidewalk in eastern Indiana.

4 injured in fire at Pendleton Correctional Facility

September 27, 2018

A fire at central Indiana’s Pendleton Correctional Facility has been extinguished after heavily damaging one of the prison complex’s buildings.

High drama in Senate for pivotal Kavanaugh-Ford showdown

September 27, 2018

The Senate Judiciary Committee braced for a history-making clash as Brett Kavanaugh and one of his accusers awaited their chance to testify Thursday about her claim that the Supreme Court nominee sexually attacked her when both were teenagers.

Indiana Uber drivers to receive $100 each from settlement

September 27, 2018

Attorney General Curtis Hill said Indiana will receive nearly $1.5 million of the $148 million Uber has agreed to pay to states after the ride-hailing company failed for a year to notify drivers that hackers had stolen their personal information.

Opinions Sept. 26, 2018

September 26, 2018

The following Indiana Tax Court decision was issued Monday.
Garrett LLC v. Noble County Assessor

49T10-1712-TA-22
Tax. Affirms the Indiana Board of Tax Review’s determination of Garrett LLC’s assessed value of its real property for the 2016 tax year. Finds Garrett failed to present sufficient evidence to support its claims on appeal.

New Indianapolis inn of court bringing IP bar, bench together

September 26, 2018

The central Indiana intellectual property bar will celebrate a significant milestone Wednesday when the Indianapolis Intellectual Property Inn of Court holds its first meeting.

Holcomb’s office ordered to hand over Pence Carrier emails

September 26, 2018

Gov. Eric Holcomb’s administration has 30 days to turnover emails that passed between former Gov. Mike Pence, the Trump Organization and Carrier Corp. related to the negotiations that led then newly elected President Donald Trump to take credit for saving the Indianapolis plant from closing.

Tax Court: Scanty evidence fails to lower property value

September 26, 2018

The Indiana Tax Court affirmed an Indiana Board of Tax Review’s determination that evidence presented to reduce a property’s assessment of improvements was not probative of the property’s 2016 market value-in-use.

Ex-cop expected to plead to embezzling $180K from FOP

September 26, 2018

Federal prosecutors say a former northwestern Indiana police officer allegedly embezzled more than $180,000 from a local Fraternity Order of Police lodge.

Firefighters douse blaze at Pendleton Correctional Facility

September 26, 2018

A fire at Pendleton Correctional Facility has been extinguished after heavily damaging one of the prison complex’s buildings.

Judge finds Vigo County Jail conditions unconstitutional

September 26, 2018

A federal judge has ruled conditions are unconstitutional at the overcrowded Vigo County Jail in Terre Haute.

Justices tweak NIPSCO rate hike denial to allow recovery of cost overruns

September 26, 2018

Revisiting a decision that limited how utilities can pass the bill for future costs to ratepayers, the Indiana Supreme Court on Tuesday tweaked its earlier opinion to insert language in a modified decision that now will allow utilities to recover project cost overruns in utility rate increases.

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In This Issue

  • Indiana State Bar Association leads new program to support rural attorneys

  • Midwest firm accuses former partners of orchestrating mass staff exodus

  • UPDATE: Senate set to vote on heavily amended immigration bill

Most Read
  • Firing squad, gas execution methods move out of Indiana House committee

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

  • New habeas corpus strategy is freeing some immigrant detainees

  • Shooting of Tippecanoe County judge was gang-related hit, authorities say

  • Nominations being accepted for the 2024 Henry Hurst Judicial Assistance Award

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