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COA: Oral agreement between former couple unenforceable by Statute of Frauds

December 30, 2021 | Katie Stancombe

A man who gave his ex-wife nearly $230,000 was unsuccessful in convincing the Court of Appeals of Indiana that they had previously agreed to use the money for a specific purpose and that their oral agreement wasn’t unenforceable under the Statute of Frauds.

COA affirms denial of motion to suppress evidence due to wrong address listed on search warrant

December 30, 2021 | Jordan Morey

Neither a Lagro man’s federal nor state constitutional rights were infringed upon when sheriff’s deputies searched his home despite having the wrong address listed on their search warrant.

Justices reverse for Clark REMC in dispute over health benefits for former employees

December 30, 2021 | Jordan Morey

Former Clark County REMC directors weren’t guaranteed health insurance reimbursement in their retirement after a policy change terminated the benefit, the Indiana Supreme Court has ruled. In a Wednesday opinion, the high court reversed Clark Circuit Court’s grant of summary judgment to the plaintiffs after finding the REMC’s policy was not a binding contract because the policy wasn’t an offer.

Holcomb ‘stunned’ by Rokita’s suggestion that pandemic stats are inflated

December 30, 2021 | Emily Ketterer and Indianapolis Business Journal Staff

Indiana Gov. Eric Holcomb slammed Attorney General Todd Rokita for comments he made in an interview this month suggesting the state is inflating its COVID-19 numbers.

Conservative commotion steering Indiana lawmakers on schools

December 30, 2021 | Associated Press

Commotion in some school districts over topics ranging from COVID-19 mask mandates to teaching about racial injustice has Indiana Republican lawmakers looking at steps they argue will give parents more sway over what happens in classrooms.

Man sentenced for Indiana blast that scattered protesters

December 29, 2021 | Associated Press

A man has been sentenced to 18 months in prison for throwing a lit explosive device last year outside a northwest Indiana courthouse, causing a blast that scattered a group of people protesting George Floyd’s death in police custody.

Opinions Dec. 29, 2021

December 29, 2021

Court of Appeals of Indiana
In re the Adoption of S.A.C., M.M. v. Indiana Department of Child Services (mem. dec.)

21A-AD-720
Adoption. Affirms the denial of M.M.’s petition to adopt S.A.C. Finds the Allen Superior Court did not err by concluding that DCS did not unreasonably withhold its consent to M.M.’s petition for adoption.

Justices recertify 99 senior judges

December 29, 2021 | IL Staff

Droves of senior judges have been granted recertification for the upcoming year, the Indiana Supreme Court has announced.

Hoosier schools receive federal grants to improve safety

December 29, 2021 | IL Staff

Two Indiana school districts will be receiving grants from the $125 million the U.S. Department of Justice is offering to advance school safety under the Students, Teachers and Officers Preventing (STOP) School Violence Act of 2018.

7th Circuit: Indiana man waived right to challenge arrest history at sentencing

December 29, 2021 | Jordan Morey

An Indiana man convicted of possession with intent to distribute methamphetamine will not have his prison time reduced after the 7th Circuit Court of Appeals opined he waived his right to challenge the consideration of his arrest history at sentencing.

Supreme Court amends state appellate procedure and access to court records rules

December 29, 2021 | IL Staff

The Indiana Supreme Court approved amendments to both the Indiana Rules of Appellate Procedure and Indiana Rules for Access to Court Records earlier this month.

White House, Jan. 6 committee agree to shield some documents

December 29, 2021 | Associated Press

The House committee investigating the Jan. 6 insurrection at the Capitol has agreed to defer its attempt to get hundreds of pages of records from the Trump administration, holding off at the request of the Biden White House.

House leader eyes income tax cut amid rosy fiscal forecast

December 29, 2021 | Emily Ketterer and Indianapolis Business Journal Staff

When it comes to pushing for state tax cuts and limits on employer vaccine mandates, Republicans in the Indiana House of Representatives are taking the lead. IBJ asked the top House Republican, Speaker Todd Huston of Fishers, why his caucus has put these issues at the top of its agenda and why it has been more aggressive than Senate Republicans in its pursuit.

COVID-19, homicides and ODs strain Indiana coroner’s budget

December 29, 2021 | Associated Press

The Marion County coroner’s office budget has been strained from deaths from COVID-19, drug overdoses and rising homicides in Indianapolis.

Former Purdue prof secures partial reversal in dismissed discrimination complaint

December 28, 2021 | Katie Stancombe

A former Purdue University assistant professor who sued her then-supervisor after he allegedly retaliated against her when she rejected what she claimed were his sexual advances has partially secured a reversal from the Court of Appeals of Indiana on the dismissal of her claims.

 

Federal court rules losses suffered by Patachou restaurant not covered by insurance

December 28, 2021 | Marilyn Odendahl

The Patachou restaurants in Indianapolis and Carmel will not be able to recoup their financial losses from the COVID-19 shutdown in the spring of 2020 after a federal court found the insurance policy they held only reimbursed for damage to the actual brick and mortar structures.

Opinions Dec. 28, 2021

December 28, 2021

Indiana Court of Appeals

Kim M. Lloyd v. Lawrence Kuznar and Trustees of Purdue University
21A-CT-1338
Civil tort. Affirms the Allen Superior Court’s denial of Kim Lloyd’s Trial Rule 60(B) motion to the extent it sought to set aside the dismissal of her complaint against Lawrence Kuznar and Trustees of Purdue University. Finds Lloyd cannot revive her claims because she stopped participating in the litigation and failed to keep the trial court apprised of her address, which resulted in their dismissal. Finds the trial court erred in denying Lloyd’s Trial Rule 60(B) motion with respect to the default judgment entered against her on Kuznar’s counterclaim and reverses on that portion. Remands for further proceedings.

Woman pleads guilty in connection with Indiana killings of 2

December 28, 2021 | Associated Press

A woman has pleaded guilty to attempted robbery in connection with the fatal April shootings of two women in Fort Wayne.

Northern, Southern districts collect millions in civil, criminal actions in 2021

December 28, 2021 | IL Staff

United States attorneys for the Northern and Southern Districts of Indiana collectively brought in more than $10 million in criminal and civil actions during fiscal year 2021.

Indiana Bar Foundation launching series of initiatives thanks to $13M grant

December 28, 2021 | Marilyn Odendahl

With a big boost from what is possibly the largest influx of financial support it has ever received, the Indiana Bar Foundation is preparing to use a $13.1 million grant from the Indiana Housing and Community Development Authority to launch a series of initiatives to help guide Hoosiers facing housing problems through the civil legal system.

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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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