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Former Rochester school nurse gets probation for stealing medication

October 1, 2018

A former middle school nurse has been sentenced to probation for stealing students’ medication at the northern Indiana school. A Fulton County judge recently sentenced 35-year-old Ashley N. Beck to 180 days of probation.

Justice center move will bring changes to 2 neighborhoods

October 1, 2018

The $572 million Criminal Justice Center won’t open until 2022, at which time scores of city and county employees—working for the courts, public defender, prosecutor, sheriff and other agencies—will move from downtown’s Market East Cultural District 2 ½ miles east to the Twin Aire neighborhood. But city officials and businesses are already thinking about how both neighborhoods will be changed by the shift.

Opinions Sept. 28, 2018

September 28, 2018

Indiana Court of Appeals
International Business Machines Corporation v. State of Indiana, acting on behalf of the Indiana Family & Social Services Administration

49A02-1709-PL-2006
Civil plenary. Affirms and reverses in part the Marion Superior Court’s calculation of damages stemming from IBM Corp.’s material breach of a master services agreement with the State of Indiana. Finds the trial court did not err in its award of the state’s damages. Also finds IBM is entitled to post-judgment interest on its $49.5 million damages award. Remands for recalculation of the post-judgment interest.

COA affirms denial of summary judgment to dump truck manufacturer in timeliness dispute

September 28, 2018

A divided Indiana Court of Appeals affirmed the denial of summary judgment to a dump truck manufacturer who unsuccessfully argued that its customer filed an untimely complaint against the manufacturer and that genuine issues of material fact existed when causes of action accrued.

GOP advances Kavanaugh after Flake calls for FBI probe

September 28, 2018

After a flurry of last-minute negotiations, the Senate Judiciary Committee advanced Brett Kavanaugh’s nomination for the Supreme Court after agreeing to a late call from Republican Sen. Jeff Flake of Arizona for a one-week investigation into sexual assault allegations against the high court nominee.

COA orders equal division of ex’s retirement interest

September 28, 2018

The Dearborn Circuit Court erred when it awarded the entirety of a nearly $207,000 retirement account to a husband as part of divorce proceedings, the Indiana Court of Appeals ruled in a decision that remanded the case for equal distribution of the interest on the account.

Appellate court: Search warrant for house, garage included car

September 28, 2018

Drug evidence found in a vehicle in the garage of a home where police were looking for evidence of a prior assault should not have been suppressed, the Indiana Court of Appeals ruled in a reversal Friday.

COA upholds $78 million for state in IBM suit, awards IBM interest

September 28, 2018

The Indiana Court of Appeals has upheld a $78 million judgment in favor of the state and against IBM Corp. that was awarded as part of a long-running legal battle stemming from IBM’s breach of a contract to redesign the state’s welfare system in 2006. But the court also ordered the state to pay post-judgment interest to IBM on a $49.5 million damages award it previously received, overturning a lower court ruling on that issue.

Gun in fallen pants pocket after police confrontation admissible

September 28, 2018

A man whose 9-mm handgun was discovered after his loose-fitting pants fell while in custody after a police confrontation lost Friday his appeal in which he claimed the evidence should have been suppressed.

Supreme Court agrees to decide fate of Yorktown clerk-treasurer’s job

September 28, 2018

The Indiana Supreme Court has agreed to decide whether Yorktown can forcibly remove its clerk-treasurer from office, a decision the clerk-treasurer’s attorney told the justices could have implications beyond his client.

Troopers must face suit from black motorists stopped 2 hours

September 28, 2018

A lawsuit against Indiana State Police troopers accused of unreasonably questioning two black motorists for more than two hours on the side of an interstate will continue after a federal judge rejected the troopers’ qualified immunity claims.

Parents charged with neglect after baby’s meth-related death

September 28, 2018

Two southern Indiana parents are charged with neglect after authorities determined the July death of their 3-month-old son was due to methamphetamine ingestion. Indiana State Police say 32-year-old Deven G. Frisque and 28-year-old Tara L. Savage were arrested this week in the death of Eben Frisque.

Ex-Bunker Hill marshal pleads guilty to obstruction of justice

September 28, 2018

An ex-northern Indiana town marshal who authorities say provided false police credentials for an acquaintance so the person could be paid more while working as a security guard has pleaded guilty to obstruction of justice. Aaron Dague of Wabash entered the plea Thursday under a deal with prosecutors, was sentenced to one year of probation and can no longer work in law enforcement.

Legal bills in South Bend police wiretapping case nearly $2M

September 28, 2018

A long-running dispute over wiretapping within the South Bend Police Department has cost taxpayers in the northern Indiana city nearly $2 million to date. The case stems from a subpoena that South Bend’s city council issued to Mayor Pete Buttigieg’s office in 2012, seeking copies of recordings made from police phone lines.

Kavanaugh faces crucial vote, White House eyes GOP senators

September 28, 2018

Supreme Court nominee Brett Kavanaugh faced a crucial vote Friday as a Senate panel decides whether to move his nomination on to the full Senate a day after he adamantly denied sexually assaulting Christine Blasey Ford, who insisted she’s “100 percent” certain he did.

‘They were laughing’: Ford says her attacker was Kavanaugh

September 27, 2018

Asked for the most vivid memory from the night three decades ago she claims Supreme Court nominee Brett Kavanaugh sexually assaulted her, Christine Blasey Ford did not name a physical violation, but instead the sound of laughter coming from Kavanaugh and friend Mark Judge. 

Angry Kavanaugh denies Ford accusation, sees ‘disgrace’

September 27, 2018

Emotionally battling to rescue his Supreme Court nomination, Brett Kavanaugh on Thursday denied allegations that he’d sexually assaulted Christine Blasey Ford when both were high school students and told Congress the accusations and biting criticism by Democrats had “totally and permanently destroyed” his family and reputation.

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.

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In This Issue

  • Federal lawsuits mount against top egg producers, who say avian flu outbreaks are behind price surge

  • Lawsuit seeks to thwart James Dean trademark violations

  • ACLU of Indiana sues Ball State leaders over school’s expressive activity policy, student discipline

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

  • Widow of Delaware County sheriff’s deputy files wrongful death lawsuit against trucking companies, drivers involved in fatal crash 

  • New habeas corpus strategy is freeing some immigrant detainees

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