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Opinions Sept. 21, 2018

Indiana Court of Appeals
GO Properties, LLC, and Maxim Alliance Group, LLC v. BER Enterprises, LLC; Mortgage Electronic Registration Systems, Inc., as Nominee for Franklin American Mortgage Company; New Field, LLC; et al.
18A-PL-176
Civil plenary. Reverses the Marion Superior Court’s order granting summary judgment in favor of BER Enterprises, LLC and New Field, LLC on GO Properties’ quiet title action. Finds the trial court erred and that Stacy Phillips did not have actual or apparent authority to sell the properties on behalf of GO Properties. Remands with instructions to enter summary judgment in favor of GO Properties.

New Haven City Court judge faces discipline

A northern Indiana city court judge was charged with four counts of judicial misconduct Friday for improperly assuming the duties of a prosecutor and wrongly approving infraction deferrals for juveniles.

Termination of ex’s house payment obligation reversed

The Indiana Court of Appeals reversed a decision that found an “ambiguous” dissolution settlement agreement made no indication as to the father’s child support obligations and that his payments for a mortgage and car would supplement them.

Reversal voids sale of properties by unauthorized agent

The Indiana Court of Appeals reversed a decision granting summary judgment in favor of two companies who purchased real estate in a sale that was voided after the seller was found to have no authority to sell it.

Ex-Trump lawyer Cohen boasts of aiding Mueller investigation

President Donald Trump’s former personal lawyer says he is providing “critical information” as part of special counsel Robert Mueller’s investigation into Russian interference in the 2016 U.S. election and possible coordination between Russia and the Trump campaign.

Lawyer: Ford can testify next week if terms fair

A lawyer for a woman accusing Supreme Court nominee Brett Kavanaugh of sex assault decades ago says she’d be willing to testify to the Senate Judiciary Committee next week if they can agree to terms “that are fair and which ensure her safety.”

Homebuilder prevails in copyright suit that sought $3M

A federal judge has ruled against a company reputed as a “copyright troll” in its lawsuit against a Jasper luxury homebuilder. The suit had sought more than $3 million in damages and fees, alleging the homebuilder infringed the company’s copyrighted architectural floor plans.

Opinions Sept. 20, 2018

Nicholas R. Hedrick v. State of Indiana (mem. dec.)
18A-CR-762 
Criminal. Affirms Nicholas R. Hedrick’s 12-year sentence for conviction of Class C felony and Level 4 felony counts of child molesting pursuant to a plea agreement. The Pike Circuit Court did not abuse its discretion in sentencing nor was the sentence inappropriate in light of the nature of the offenses or Hedrick’s character.

Death penalty defense in officer’s killing seeks brain consultant

An Indianapolis man facing the death penalty for allegedly killing a Southport police officer is requesting public funds to hire a brain injury consultant in an apparent move to raise questions about whether he acted “knowingly or intentionally.”  

GOP warns time running out for Kavanaugh’s accuser to talk

Republicans are warning that time is running out for Brett Kavanaugh’s accuser to tell Congress about her claim he sexually assaulted her when both were teenagers, even as President Donald Trump called the woman’s allegation hard to believe in one of the GOP’s sharpest attacks on her credibility.