Holcomb vetoes controversial landlord-tenant legislation
Indiana Gov. Eric Holcomb has vetoed a controversial bill that would have prevented local governments from regulating any aspect of landlord-tenant relationships.
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Indiana Gov. Eric Holcomb has vetoed a controversial bill that would have prevented local governments from regulating any aspect of landlord-tenant relationships.
Indiana Court of Appeals
Guadalupe Pava v. State of Indiana
19A-CR-716
Affirms Guadalupe Pava’s conviction in Marion Superior Court of battery by a person at least 18 years of age resulting in bodily injury to a person less than 14 years of age as a Level 5 felony. Finds the objective reasonableness standard adopted in Willis v. State,888 N.E.2d 177 (Ind. 2008), would provide sufficient notice of what conduct crosses the line from mere discipline of a child to battery. Also finds Pava has failed to carry her burden of demonstrating that the battery statute is unconstitutionally vague as applied to her specific act of repeatedly striking P.P. with an electrical cord. Finally, finds the state submitted ample evidence to demonstrate beyond a reasonable doubt that Pava used an unreasonable amount of force, thus disproving her defense of parental privilege.
Casting a ballot by mail will now be an option for all Indiana registered voters in the upcoming primary election. The Indiana Election Commission on Wednesday morning voted to make that change, along with approving several other updates to reflect the new June 2 primary election date.
The White House and Senate leaders announced agreement Wednesday on an unparalleled, $2 trillion emergency bill to rush aid to businesses, workers and a health care system slammed by the coronavirus pandemic, the largest economic rescue bill in history.
With the coronavirus outbreak forcing the closure of schools and preventing many from leaving their houses, the US Courts are offering a series of online civics education resources so homebound students have opportunities to continue learning.
The Indiana Court of Appeals reversed a man’s felony conviction for possession of a controlled substance after finding that his vaping cartridge containing hash oil did not violate state law under which he was charged.
An Indianapolis mother convicted of felony battery after striking her son with an electrical cord failed to convince the Indiana Court of Appeals that the charges against her could be defeated by the concept of parental privilege.
A utility company is not responsible for extensive flooding damage to a property management company building after its fire sprinkler pipes burst after winter, the Indiana Court of Appeals ruled Wednesday.
The Indiana Court of Appeals on Wednesday was not convinced by a man’s argument that his decades-long sentence for child molesting was inappropriate or that victim testimony was inadmissible.
The application deadline for three Marion County judicial vacancies has been extended to June 19 due to the COVID-19 pandemic, the Indiana Supreme Court announced Wednesday. Interviews of potential Indianapolis judges likewise are expected to be delayed until late summer or early fall.
The Indiana State Department of Health on Wednesday morning said the number of presumptive positive cases for COVID-19 in the state has risen to 477 after the emergence of 112 more cases. The statewide death toll overnight rose from 12 Tuesday to 14.
Police in suburban Indianapolis say they found a man and a woman fatally shot after a lengthy standoff in which shots were fired at officers.
A 45-year attorney in Johnson County will be suspended briefly and then subject to a probationary period for improper oversight and management of his small firm’s trust accounts, the Indiana Supreme Court has ordered.
Indiana Court of Appeals
In the Matter of the Revocable Trust Agreement Created by the Settlor, Anil Kumar Sarkar, Dipa Sarkar v. Anuradha (“Mili”) Sarkar Naugle
19A-TR-1814
Trust. Affirms the Vigo Superior Court’s findings of facts and conclusions in favor of Anuradha Sarkar Naugle, concluding that the revocable trust was not created in contemplation of death and for the purpose of defeating Dipa Sarkar’s spousal elective share. Finds Dipa cannot satisfy her statutory election to take against the will from the assets in her deceased husband’s inter vivos trust.
As more and more attorneys and law firms work remotely in light of the COVID-19 pandemic, many of those lawyers don’t have plans for disaster recovery or business continuity, according to a 2019 ABA Legal Technology Survey Report.
A widow who contested whether she could satisfy her election to take against the will of her deceased husband when he transferred the majority of his assets into a revocable trust lost her appeal to the Indiana Court of Appeals on Tuesday.
New court-related legislation has been signed into law in Indiana, giving judges guidance on indigency determinations and setting the statewide cap for small claims dispute awards at $8,000.
Indiana Supreme Court justices on Monday indefinitely suspended a Warsaw attorney who earlier this month pleaded guilty to multiple fraud and theft charges and agreed to repay more than $51,000 to his former law firm, clients and a bank.
The Indiana State Department of Health on Tuesday morning said the number of presumptive positive cases for COVID-19 in the state has risen to 365 after the emergence of 106 more cases. The death toll overnight rose from seven Monday to 12 as of Tuesday’s report. Half of those deaths were reported in Marion County and three in Johnson County.
Indiana will be automatically extending all state-issued driver’s licenses and vehicle registrations as the state enters a two-week stay-at-home period ordered by Gov. Eric Holcomb to limit the spread of the coronavirus.