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COA affirms for estate in dispute with former business associate

February 22, 2022 | Katie Stancombe

A man who found himself in a dispute with his former business partner’s estate failed to convince the Court of Appeals of Indiana to overturn rulings favorable to the estate but not to him.

Opinions Feb. 22, 2022

February 22, 2022

Court of Appeals of Indiana
David L. Arnett, Individually, and d/b/a Auto Annex, Inc. v. The Estate of Joel S. Beavins, By Its Personal Representative, Jill E. Beavins, and Stewart Properties, LLC
21A-EU-1484
Estate, unsupervised. Affirms the order in favor of the Estate of Joel S. Beavins, by its personal representative Jill E. Beavins, and Stewart Properties LLC granting in part motions to strike evidence submitted by David L. Arnett, individually and d/b/a Auto Annex Inc., and the order granting partial summary judgment in favor of the estate on the issue of whether Arnett is a member of Stewart Properties. Finds the Johnson Superior Court did not abuse its discretion in striking portions of Arnett’s designated evidence, including his affidavit and Charles Ryder’s affidavit and supplemental affidavit. Also finds the trial court did not err in granting partial summary judgment in favor of the estate regarding the ownership of Stewart Properties.

Judge convicts man of murder in Southport police officer’s death

February 22, 2022 | IL Staff and Associated Press

Nearly five years after the shooting death of Southport Police Lt. Aaron Allan, defendant Jason Brown has been convicted of Allan’s murder.

After failed amendments, IN Senate set to vote on bill allowing Level 6 offenders in DOC

February 22, 2022 | Olivia Covington

Efforts to amend a bill that would undo a key tenet of criminal justice reform legislation has failed in the Indiana Senate, setting the bill up for a final vote in the upper chamber.

High court takes case involving refusal to serve gay couples

February 22, 2022 | Associated Press

The Supreme Court has agreed to hear a new clash involving religion and the rights of LGBT people.

Supreme Court won’t take Dakota Access Pipeline case

February 22, 2022 | Associated Press

The U.S. Supreme Court on Tuesday refused to consider an appeal of a lawsuit over the Dakota Access Pipeline.

All 3 defendants convicted of hate crimes in Arbery killing

February 22, 2022 | Associated Press

The three men convicted of murder in Ahmaud Arbery’s fatal shooting were found guilty of federal hate crimes and other lesser charges Tuesday for violating Arbery’s civil rights and targeting him because he was Black.

Police: Indiana mom abandons 5-year-old autistic son in Ohio

February 22, 2022 | Associated Press

An Indiana mother who authorities say drove to Ohio and abandoned her 5-year-old autistic son on a street was captured in Kentucky when police there arrested her on an unrelated warrant.

Archdiocese seeks Indiana Supreme Court ruling on case from Catholic teacher fired for same-sex marriage

February 21, 2022 | Marilyn Odendahl

The Roman Catholic Archdiocese of Indianapolis has asked the Indiana Supreme Court to end the case brought by a gay teacher fired from Cathedral High School, asserting the judiciary could be irreparably harmed by an “intrusion into religious affairs.”

Revocation of hospital privileges affirmed against Fort Wayne cardiologist

February 21, 2022 | Katie Stancombe

A Fort Wayne doctor who lost privileges at an area hospital failed to convince the Court of Appeals of Indiana that his privileges should be reinstated.

Opinions Feb. 21, 2022

February 21, 2022

Court of Appeals of Indiana
Bhaktavatsala R. Apuri, M.D. v. Parkview Health System, Inc., Parkview Hospital, Inc., and Roy Robertson, M.D.
21A-PL-591
Civil plenary. Affirms the grant of summary judgment to Parkview Health System Inc., Parkview Hospital Inc. and Dr. Roy Robertson on a complaint for breach of contract, intentional interference with a business relationship and intentional interference with a contract brought by Dr. Bhaktavatsala Apuri. Finds Apuri did not designate evidence of a material factual dispute over whether he can overcome the presumption of adequate notice and hearing procedures, and the Allen Superior Court correctly determined the adequate notice and hearing procedures requirement was deemed satisfied. Also finds the appellees were immune from suit for Apuri’s claims, so the trial court correctly concluded they were entitled to judgment as a matter of law.

Immigration group drops suit against Clay Co. officials regarding jail project that could house more ICE detainees

February 21, 2022 | Jordan Morey

A lawsuit alleging Clay County officials failed to provide transparency in developing plans for a possible expansion of the Clay County Justice Center in Brazil, which houses U.S. Immigration and Customs Enforcement detainees, has been voluntarily dismissed.

Senate Republicans strip down key Indiana House bills in second half of session

February 21, 2022 | Emily Ketterer and Indianapolis Business Journal Staff

Republican leaders in the House and Senate said from the outset of the 2022 legislative session that they didn’t see eye to eye on some of the highest-profile issues — and the Senate proved that last week when it stripped key provisions from several House bills.

City, partners push forward with renter support despite setbacks

February 21, 2022 | Leslie Bonilla Muñiz, Indianapolis Business Journal

Indianapolis has long struggled to rein in dilapidated housing complexes owned by absentee, typically out-of-state, landlords. It’s slogging through lengthy lawsuits with the owners of multiple troubled properties, and officials say there’s another filing ready to go unless a new owner takes over an infamously rundown complex. A pair of state-level moves in landlord-friendly Indiana also are hampering attempts to protect renters, city officials say.

Hammond woman gets 20.5 years for running over boyfriend

February 21, 2022 | Associated Press

A northwestern Indiana woman who was convicted of killing her boyfriend in 2019 by running him over with her car has been sentenced to 20½ years in prison.

Dad of murdered 11-month-old sentenced to 2.5 years

February 21, 2022 | Associated Press

A judge sentenced the father of a murdered 11-month-old northern Indiana girl to 2½ years in prison Friday.

Indiana officials reject ballot challenge to GOP Rep. Banks

February 21, 2022 | Associated Press

Indiana officials rejected on Friday an attempt to kick Republican U.S. Rep. Jim Banks off the ballot over claims that he violated the Constitution by allegedly supporting last year’s U.S. Capitol insurrection.

Indiana Senate could change stance on handgun carry permits

February 21, 2022 | Associated Press

A top Indiana legislator says a proposal to repeal the state’s handgun permit requirement might win approval despite ongoing opposition from major law enforcement organizations and the state police superintendent.

Court to weigh in on asylum-seekers made to wait in Mexico

February 21, 2022 | Associated Press

The Supreme Court is giving the Biden administration a quick hearing on its effort to scrap a Trump-era border policy that makes asylum-seekers wait in Mexico for hearings in U.S. immigration court.

Being the 1st: What it’s like to make Supreme Court history

February 21, 2022 | Associated Press

Sandra Day O’Connor was nervous when she joined the Supreme Court in 1981 as the nation’s first female justice. Now, President Joe Biden is preparing to put another woman in the role of a historic first on the court.

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In This Issue

  • New bail legislation aims to weigh due process and public safety

  • Efforts to boost judicial safety gain steam after shooting

  • Appeals court to hear arguments over accidental release of depositional evidence to jury

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

  • Kokomo couple get a combined 50 years in prison for dealing deadly drugs

  • Tippecanoe County judge, wife in stable condition after being shot at their home

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

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

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