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Opinions March 21, 2018

Indiana Court of Appeals
R. Kinsey Brooks, Susan K. Brooks v. Bank of Geneva
01A05-1709-MF-2174
Mortgage foreclosure. Reverses the grant of summary judgment in favor of Bank of Geneva on the denial of R. Kinsey Brooks and Susan Brooks’ motion for summary judgment. Finds the mortgage on the Brookses’ property should have been released as a matter of law. Remands with instructions for the mortgage on the property to be released and for consideration of the Brookses’ abuse of process claim.

Scopelitis announces opening of Seattle branch

Indianapolis-based Scopelitis, Garvin, Light, Hanson & Feary, P.C., announced Monday the opening of a new Seattle branch. The new location brings the firm’s total U.S. offices to 14.

Hendricks Regional, Hall Render face $50M lawsuit over failed deal

A lawsuit against Hendricks Regional Health and an Indianapolis law firm representing the hospital group alleges they used “malicious, oppressive, willful, wanton, and/or reckless conduct,” conspiring to squelch a competitor’s deal to operate 23 Indiana care facilities after Hendricks’ contract was terminated.

Little confrontation at 7th Circuit nominees’ hearing

Amy St. Eve and Michael Scudder, the two nominees for the 7th Circuit Court of Appeals, breezed through their confirmation hearing Wednesday, facing few pointed questions and not being called to defend any of their past actions.

COA orders bank to release mortgage on Adams County farmland

An Adams County couple will be released from the mortgage on their farmland after the Indiana Court of Appeals determined the bank altered the terms of the promissory note secured by the mortgage, entitling the couple to release.

Supreme Court limits reach of tax crime statute

The Supreme Court is making it harder for the federal government to use a section of the tax law to convict someone of a crime. The court Wednesday limited the application of a statute that the government had interpreted to give it a broad ability to charge someone with obstructing or impeding the work of the Internal Revenue Service.

Judge holds climate change class in suits against big oil

A federal judge presiding over lawsuits that accuse big oil companies of lying about global warming to protect their profits is turning his courtroom into a classroom in what could be the first hearing to study the science of climate change.

Round 1: Marion County panel gives 17 judges retention nod

After roughly eight hours of interviews, dozens of documents and one unanimous vote, 17 Marion Superior judges have been recommended for retention by a recently created committee whose existence marks a new era for the Indianapolis judiciary.

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Opinions March 20, 2018

Indiana Court of Appeals
Dustin McCarty v. State of Indiana
84A04-1707-CR-1599
Criminal. Reverses the probationary conditions imposed on Dustin McCarty after he was sentenced to 2½ years, with 290 days executed and the remainder suspended to probation, for Class D felony battery by bodily waste and Class A misdemeanor resisting law enforcement. Finds the Vigo Superior Court committed harmless error when it failed to provide McCarty with written conditions of probation at sentencing. Remands with instructions.

Appellate panel upholds summary judgment for mortgage lender

A St. Joseph County man who defaulted on his mortgage payments is not entitled to a loan modification, the Indiana Court of Appeals ruled after finding the man’s loan provider met its burden of proving it sufficiently considered his eligibility.

COA rules for landlocked landowner in easement dispute

A Crawford County landowner is entitled to an easement by necessity across adjacent land owned by a property company because the sale of the land in question severed the unity of ownership and left the individual landowner without access to a public road, the Indiana Court of Appeals has ruled.<

COA remands for clarification of vague probation conditions

The Vigo Superior Court must provide a man convicted of resisting and spitting on local law enforcement officers with a written list of his specific probation conditions after the Indiana Court of Appeals found discrepancies and vagueness in the conditions provided.

Nominees for 7th Circuit’s Illinois seats to testify Wednesday

The latest nominees to the 7th Circuit Court of Appeals — a native Hoosier who worked on intelligence and terrorism matters in the George W. Bush administration and a judge who presided over a trial with Donald Trump as the defendant — are scheduled to appear Wednesday before the U.S. Senate Committee on the Judiciary.

Republicans opt to wait out Trump’s storm against Mueller

Congressional Republicans made clear Tuesday they won’t take steps to protect special counsel Robert Mueller from being fired, insisting it’s unnecessary and opting instead to wait out the storm and warn President Trump against attempting to fire Mueller.