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Justices remand Bloomington property partition dispute

A woman’s case to partition and sell a Bloomington property will continue after the Indiana Supreme Court reversed a lower court’s finding that the husband and wife with whom the woman purchased the property were not tenants by the entireties of the property.

Opinions March 6, 2017

Indiana Supreme Court
Cheryl L. Underwood v. Thomas Bunger, in his capacity as the personal representative of the estate of Kenneth K. Kinney; Judith M. Fulford; and Sheree Demming
53S01-1703-MI-126
Miscellaneous. Reverses the Monroe Circuit Court’s decision that Judith Fulford and Kenneth Kinney were tenants by the entireties of a Bloomington property purchased with Cheryl Underwood. Finds that the warranty deed’s unambiguous statement that the three grantees, including Kinney and Fulford, hold their interests in the property “all as Tenants-in-Common” overcomes the legal presumption favoring a tenancy by the entirety. Also finds that Underwood did not make a fatal judicial admission in her trial court petition. Remands for proceedings.

SCOTUS: Jury secrecy no bar to looking into race bias

A juror's use of racial or ethnic slurs during deliberations over a defendant’s guilt can be a reason for breaching the centuries-old legal principle of secrecy in the jury room, the U.S. Supreme Court ruled Monday.

Immigration courts: record number of cases, many problems

Inefficiency witnessed by the Associated Press writer over two days in one of the nation's busiest immigration courts illustrate systemic dysfunction. More than half a million cases weigh down court dockets across the country as President Donald Trump steps up enforcement of immigration laws.

Trump signs new travel ban, targets those seeking new visas

President Donald Trump on Monday signed a new version of his controversial travel ban, aiming to withstand court challenges while still barring new visas for citizens from six Muslim-majority countries and shutting down the U.S. refugee program.

Tax Court rules against steelworkers hall exemptions

A Porter County union cannot receive property tax exemptions on its meeting hall for the 2008 and 2010 tax years after the Indiana Tax Court held Friday that the property’s functions were largely used for the benefit of union members.

Opinions March 3, 2017

Indiana Court of Appeals
Caleb Riggen v. Tammy Riggen
67A04-1606-DR-1312
Domestic relation. Reverses the Putnam Superior Court’s grant of Tammy Riggen’s motion to correct error on its earlier grant of Caleb Riggen’s motion to modify custody of their child. Finds that the trial court abused its discretion when it granted the motion to correct error without providing a reason for doing so, contrary to Trial Rule 59(J). Remands with instructions to the trial court to comply with Trial Rule 59 when considering the motion to correct error.

21 apply for Indiana Supreme Court vacancy

The Indiana Judicial Nominating Commission announced Friday that 21 people applied to succeed Justice Robert Rucker on the Indiana Supreme Court vacancy.

Children’s commission bill advances

A bill that would allow the Commission on Improving the Status of Children in Indiana to hire an executive director, costing an estimated $150,000 annually, will be presented to the Senate Committee on Family and Children Services Monday.