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COA dismisses as premature appeal in breach-of-contract suit

January 29, 2021 | Dave Stafford

The Indiana Court of Appeals on Friday dismissed as premature an appeal filed by a southern Indiana man who challenged a trial court order dismissing three of four defendants that he sued, claiming breach of contract in a real estate sales dispute.

Faulty translation voids man’s guilty plea in PCR appeal

January 29, 2021 | Dave Stafford

The Indiana Court of Appeals vacated a man’s guilty plea in a child molestation case Friday, granting post-conviction relief on the basis that he did not receive the assistance of an interpreter to help him understand his rights.

Ruling on appeal reinstates condo owners’ suit alleging faulty construction

January 29, 2021 | Dave Stafford

Condominium owners in a South Bend complex that they allege was shoddily constructed may pursue their claims against the insolvent developer, the Indiana Court of Appeals ruled, reversing the dismissal of the condo owners’ claims.

Justices uphold life without parole in toddler’s brutalization, murder

January 29, 2021 | Dave Stafford

A man’s sentence to life in prison without parole in the murder of an 18-month-old whose body bore the marks of torture and sexual abuse has been affirmed on direct appeal to the Indiana Supreme Court.

Indy law firms join forces, form Waldron Tate Bowen Funk Spandau

January 29, 2021 | Dave Stafford

A small Indianapolis law firm that’s less than a decade old has grown again, this time building its staff by adding a veteran attorney to form a firm whose newest partner says is informally known around the office as “Mom and the boys.”

Census delay points to special session for Indiana lawmakers

January 29, 2021 | Associated Press

A delay in the completion of data from last year’s census has Indiana legislative leaders anticipating a special session over the summer to draw new maps for congressional and General Assembly districts.

Indiana officers serving warrant fatally shoot man in Wabash home

January 29, 2021 | Associated Press

Officers serving a search warrant at a northern Indiana home fatally shot a man and wounded a woman during an exchange of gunfire with the home’s occupants, state police said.

Teen faces 6 murder counts in shootings at Indianapolis home

January 29, 2021 | Associated Press

A 17-year-old Indianapolis boy accused of fatally shooting his father, stepmother, two teenage relatives and a heavily pregnant 19-year-old woman was charged with six counts of murder Thursday, according to a prosecutor and court documents.

ISBA fights legislation to end retention votes, ‘politicize’ appellate bench

January 28, 2021 | Dave Stafford

A measure that would strip Hoosier voters of the power to retain appellate judges and Supreme Court justices — transferring that authority to the Legislature — has drawn fire from the Indiana State Bar Association, which warned the proposal would politicize the appellate bench and threaten the independence of the judiciary.

Opinions Jan. 28, 2020

January 28, 2021

Indiana Supreme Court
Blake B. Hartman v. BigInch Fabricators & Construction Holding Company, Inc.
20S-PL-618
Civil plenary. Affirms the grant of summary judgment in Parke Circuit Court to BigInch Fabricators & Construction Holding Company Inc. Finds there is no blanket rule prohibiting agreements that call for open-market concepts to apply to compulsory, closed-market transactions. Also finds that the shareholder’s agreement’s valuation term clearly contemplates a fair market valuation of Blake Hartman’s shares in BigInch, so a third-party appraiser could apply minority and marketability discounts.

Justices rule for company in dispute with ex-officer over share value

January 28, 2021 | Olivia Covington

A dispute over the valuation of shares has been resolved in favor of a company after the Indiana Supreme Court upheld the discounts that were applied to the valuation. The former company partner who sued previously won a Court of Appeals ruling that increased the value of his shares by more than $1 million.

COA reverses ruling for INDOT, allows negligence case to proceed

January 28, 2021 | Olivia Covington

Summary judgment for the state on a negligence claim brought by an injured motorist has been reversed after the Indiana Court of Appeals rejected an immunity claim and found that material factual issues remain.

Firearm delinquency adjudication overturned for insufficient evidence

January 28, 2021 | Olivia Covington

The Indiana Court of Appeals has reversed a delinquency adjudication after determining there was insufficient evidence to prove that a teenager illegally possessed a handgun.

COA affirms for general contractor in Lake County traffic construction dispute

January 28, 2021 | Katie Stancombe

A panel of the Indiana Court of Appeals has affirmed judgment for a construction company against its subcontractor after a negligence suit was brought against it following an accident that took place in a Lake County traffic pattern the companies were working on.

COA upholds murder, battery convictions under previous, new double jeopardy precedent

January 28, 2021 | Olivia Covington

A man convicted of murder and battery related to the same incident failed in his double jeopardy argument before the Indiana Court of Appeals, which analyzed both previous caselaw and new double-jeopardy precedent to uphold his convictions.

Tax Court allows motor carriers’ refund case to proceed

January 28, 2021 | Olivia Covington

Three motor carriers can proceed with their claims for a tax refund from the state, the Indiana Tax Court has ruled.

Judge James Kirsch announces retirement from Indiana Court of Appeals

January 28, 2021 | IL Staff

Veteran Indiana Court of Appeals Judge James Kirsch announced Thursday he will retire this fall, capping a quarter-century on the state’s appellate court bench. Kirsch said in a statement he will continue to serve as a senior judge.

Virus aid package tests whether Biden, Congress can deliver

January 28, 2021 | Associated Press

More than a sweeping national rescue plan, President Joe Biden’s $1.9 trillion COVID-19 relief package  presents a first political test — of his new administration, of Democratic control of Congress and of the role of Republicans in a post-Trump political landscape.

New Biden health care orders begin to unspool Trump policies

January 28, 2021 | Associated Press

President Joe Biden will act Thursday to get more people health insurance in the middle of the raging coronavirus pandemic, a down payment on his pledge to push the U.S. toward coverage for all.

Feds withheld info on virus cases after Terre Haute executions

January 28, 2021 | Associated Press

At least two journalists tested positive for coronavirus after witnessing the Trump administration’s final three federal executions, but the Bureau of Prisons knowingly withheld the diagnoses from other media witnesses and did not perform any contact tracing, The Associated Press has learned.

 

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In This Issue

  • Advocate welcomes honors, but reward for her is helping the kids

  • Indianapolis attorney’s small firm helps clients start over

  • BMV rule barring gender marker changes effective this week

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

  • House committee advances bill redefining hemp, putting Indiana on path to more restrictions

  • New habeas corpus strategy is freeing some immigrant detainees

  • 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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