Indiana’s Public-Private Agreements statute does not require a local legislative body to first adopt the statute before it may issue a request for proposals or begin contract negotiations as provided for under the statute.
Supreme
Wilson v. Myers, No. 71S03-1305-DR-399, __ N.E.2d __ (Ind., Nov. 5, 2013).
Trial court abused its discretion in ordering one parent to hand over two children to another parent without a proper evidentiary hearing and with no mention that doing it was in accordance with the Indiana Code.
Kesling v. Hubler Nissan, Inc., No. 49S02-1302-CT-89, __ N.E.2d __ (Ind., Oct. 29, 2013).
“An auto dealership’s advertisement of an inexpensive used car as a “Sporty Car at a Great Value Price,” is textbook puffery—not actionable as deception or fraud, because a reasonable buyer could not take it as a warranty about the car’s performance or safety characteristics. But when the dealer has inspected the car and should know it has serious problems, answering a buyer’s question about why it idled roughly by claiming that it “would just need a tune-up” may be actionable as fraud.”
In re Dixon, No. 71S00-1104-DI-196, __ N.E.2d __ (Ind., Oct. 8, 2013).
Adopts an objective standard for determining when a statement made by an attorney about a judicial officer violates Indiana Professional Conduct Rule 8.2(a), “A lawyer shall not make a statement that the lawyer knows to be false or with reckless disregard as to its truth or falsity concerning the qualifications or integrity of a judge . . . .”
Clark v. State, No. 20S05-1301-CR-10, __ N.E.2d __ (Ind., Sept. 17, 2013).
Defendant’s conviction is reversed because the police search at a rental storage unit that led to his arrest violated his Fourth Amendment protections.