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Parties’ oral modification of land agreement unenforceable

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Jennifer Nelson for www.theindianalawyer.com

The Indiana Court of Appeals upheld the decision by a trial court finding an oral agreement between a buyer and seller that modified a written land contract had to be in writing based on the Statute of Frauds and that the buyer defaulted on the terms of the agreement.

Terry Huber entered into a written land contract with Roger Hamilton, agreeing to buy commercial real estate in Crawfordsville. The agreement called for Huber to make monthly payments until the end of the contract on Nov. 30, 2010, when the unpaid balance would be due in full unless renegotiated.

As the end of 2010 approached, Huber and Hamilton entered into an oral agreement to extend the monthly payments and delay the balloon payment, although there is a dispute between the parties as to what the two parties agreed to, according to the court record.

Hamilton believed Huber still owed the balloon payment at the end of 2010 and that the additional $300 a month Huber paid was a penalty; Huber believed he was able to make the monthly payments until the property was paid off in 2019.

The dispute ended up in court, with the trial court ruling that the Statute of Frauds required the oral agreement reduced to writing, that evidence presented by both sides was unpersuasive, and that Huber breached the land contract when he failed to make the balloon payment when it was originally due.

“Requiring a writing for transactions concerning the conveyance of real estate is consistent with the underlying purposes of the Statute of Frauds, namely: (1) to preclude fraudulent claims that would likely arise when the word of one person is pitted against the word of another and (2) to remove the temptation of perjury by preventing the rights of litigants from resting wholly on the precarious foundation of memory. These purposes are underscored in this case because although the parties had an agreement to extend the balloon payment, the trial court found that it could not determine the details of that agreement,” Chief Judge Nancy Vaidik wrote in Terry Huber v. Roger Hamilton, 54A01-1404-PL-154.

Because the land contract was required to be in writing, any modification also had to be in writing, so the parties’ oral agreement is not enforceable.

The judges also found that promissory estoppel does not apply in this case because neither party can prove there is a “promise” to enforce. They also affirmed that Huber must pay attorney fees based on language in the written contract.

Attempt to Identify suspect of stealing bank card

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SPONSORED BY DEFENSE ATTORNEY IVAN ARNAEZ. 
DON’T GO TO COURT ALONE. CALL IVAN ARNAEZ @ 812-424-6671.
 

The attached images are of a subject who is suspected of stealing a bank card from an individual at Tri-State Health Club and then using it to make purchases at local stores.

If anyone has knowledge about the individual’s identity, please call the Evansville Police Department at 436-7959 or the WeTip line at 1-800-78-CRIME.

 

Juvenile arrested on weapons charge, resisting law enforcement

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SPONSORED BY DEFENSE ATTORNEY IVAN ARNAEZ. 
DON’T GO TO COURT ALONE. CALL IVAN ARNAEZ @ 812-424-6671.
On May 26th, Evansville Police were dispatched the the area of Riverside and Weinbach for a report of a person with a gun.
Officers arrived and were interviewing 4 juveniles when officers determined one of them was armed with a handgun. When the officers tried to arrest him, the 17 year old field on foot. Officers chased him and were able to tackle him and take him into custody. The gun was recovered by police.
Despite the potential for a violent outcome, officers were able to make the arrest without the situation escalating.
The 3 other juveniles followed the chase and interfered with the officers as they attempted to make the arrest. All 3 of them were also arrested.
All were placed at the Youth Care Center.
The armed suspect is facing possession of a handgun without a permit and resisting arrest charges. The other 3 are facing resisting arrest charges.

Governor Pence to Join Hoosiers for Innovation Network Schools Ceremonial Bill Signing

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Governor Mike Pence will join teachers, administrators and students in Indianapolis for a ceremonial bill signing of one of his agenda bills, HEA 1009, which gives teachers, principals, and superintendents more flexibility to innovate at the local level by creating an innovation network plan that will improve student outcomes and free them from burdensome regulations. Details below.

 

Thursday, May 28:

 

10:30 a.m. EDT – Governor Pence to join Hoosiers for HEA 1009 ceremonial bill signing

*Media are welcome to attend and are asked to check in at the front desk.

Indianapolis Public Schools #88 – Anna Brochhausen Elementary School, 5801 E. 16th Street, Indianapolis

 

Vanderburgh County Recent Booking Records

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DON’T GO TO COURT ALONE. CALL IVAN ARNAEZ @ 812-424-6671.

EPD Activity Report

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SPONSORED BY DEFENSE ATTORNEY IVAN ARNAEZ. 
DON’T GO TO COURT ALONE. CALL IVAN ARNAEZ @ 812-424-6671.

Evansville man arrested on weapon charge early Thursday morning

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SPONSORED BY DEFENSE ATTORNEY IVAN ARNAEZ. 
DON’T GO TO COURT ALONE. CALL IVAN ARNAEZ @ 812-424-6671.
At 2:30 Thursday morning, Evansville Police were dispatched to the 3300 block of Forrest Ave for a fight. A witness told 911 dispatch that one of the suspects was pointing a gun at someone during the fight.
Officers arrived and saw 20 year old Justin Curlee remove a gun from his waistband and toss it into a nearby yard.
The gun was recovered and Curlee was arrested for possession of a handgun without a permit.

JOURNALISM’S SORRY STATE

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Rick McKee / Augusta Chronicle

By Tom Purcell

I don’t know why everyone is so up in arms that alleged newsman George Stephanopoulos donated $75,000 to a private foundation co-owned and operated by a woman who hopes to be president.

Georgie has been a partisan pit-chihuahua his entire career.

The little guy cut his teeth managing “bimbo eruptions” when Bill Clinton was running for president. His job was to destroy and discredit anyone who could make his boss look bad. (Good thing for Monica Lewinsky’s sake that her scandal broke after Georgie left.)

“The War Room,” a documentary that included his behind-the-scenes spin-doctor work, helped bring him fame. He used that fame to do good things for the world, right?

No, he used it to write a 1999 tell-all book that exposed embarrassing insider details about the Clintons — in return for a $3 million advance.

In 1996, the little guy was hired by ABC News as a political analyst and pundit. Fair enough. Political experience is helpful when explaining politics to the public.

But within three years, he became an “objective” reporter for the network. Now he is chief anchor and “leads the network’s coverage on all major live events and breaking news around the world.”

He abandoned his hyperpartisan ways to become a thoughtful, objective newsman?

Well, he gave it a shot.

But while moderating a presidential debate with Mitt Romney in 2012, he asked this question:

“Gov. Romney, do you believe that states have the right to ban contraception? Or is that trumped by a constitutional right to privacy?”

It was a ridiculous question but Georgie pressed Romney for an answer. The exchange helped Democrats frame a false narrative — that Republicans want to ban contraception — that helped gin up lots of aggrieved voters and get them to the polls.

Some political analysts wonder if that’s why Georgie asked it. Certainly, an objective newsman could never do such a thing, right?

In 2009, Politico reported that Georgie participated in daily Democrat conference calls with Democrat political advisers Rahm Emanuel, Paul Begala and James Carville.

Imagine if it was discovered that a Fox News anchor did likewise with Republican political advisers. Our objective big-network journalists would surely report on that one.

In any event, I don’t know why there is such a hue and cry about a big-network newsman giving money to a foundation co-owned and operated by a lady vying to be president. My only complaint is that the little fellow didn’t disclose the information on his own.

We all know what team he and other “objective” big-network journalists are rooting for. According to an Indiana University survey, “The American Journalist in the Digital Age,” 80 percent of journalists who align with a party are Democrats.

So one-sided have some of our journalists become, they don’t have any idea that they are favoring one political side over the other.

They go out of their way to dig up dirt on Republican presidential candidates — they had to dig long and hard to report that Romney allegedly hazed a fellow student in high school and once put his dog in a crate on the roof of his station wagon.

They reported the “scandalous” Romney stories with straight faces, never realizing how silly they looked.

The real tragedy is that there are many hardworking journalists who report with integrity and honesty, and their reputations are hurt by people like Georgie.

The days when news organizations went out of their way to separate hard reporting from the taint of politics is long over. That is why political hit men can transform themselves into “objective” news anchors in only a couple of years and be rewarded with multimillion-dollar contracts.

That says more about the sorry state of American journalism than it does about Georgie.

AG Zoeller, Rx Drug Abuse Task Force support Naloxone training for ISU campus law enforcement

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Terre Haute, Ind. – Today the Indiana Prescription Drug Abuse Prevention Task Force supported a training program that will educate Indiana State University (ISU) campus law enforcement on the use of intra-nasal naloxone for opiate/heroin overdose emergencies.  The event was hosted by ISU, in conjunction with the Rural Health Innovation Collaborative.

Indiana Attorney General Greg Zoeller, who co-chairs the task force, said ISU is the first institution of higher learning in the state to embrace this opportunity.

Last year, Zoeller supported the passing of Senate Enrolled Act 227 which gives legal immunity to first responders who administer Naloxone, a life-saving treatment that counteracts the effects of a prescription painkiller or heroin overdose.  Today, law enforcement agencies across the state that have implemented Naloxone into their standard equipment have helped to save countless Hoosier lives.  The Attorney General’s Office is aware of at least 138 times law enforcement officers have saved Hoosier lives by administering Naloxone since the law passed in 2014.  Additionally, the Indianapolis Emergency Medical Services (EMS) estimates that its responders have used Naloxone on victims nearly 1,000 times during the same time frame.

The Attorney General’s Office is working to bring awareness that the Naloxone antidote will cause no lasting harm, even if the medication was used on a person not suffering from an overdose, to overcome some law enforcement concerns of unintended consequences in administering the drug.

“The rise in prescription drug and heroin overdoses is a result of the opioid addition epidemic in Indiana and across the United State and college campuses are certainly not immune.  I hope that other law enforcement and first responders in Indiana will follow suit and we can continue to build knowledge and save Hoosier lives,” said Attorney General Zoeller.

Zoeller is grateful to ISU and other law enforcement agencies across the state that have administered Naloxone programs and saved lives.  He urges others to follow their lead and take advantage of the resources on BitterPill.in.gov.  The website contains a toolkit to assist law enforcement and other first responders in setting up community Naloxone training programs.

Joining Zoeller at the training today was Senator Jim Merritt, co-author of the Indiana Lifeline Law, which gives underage individuals legal immunity from crimes like minor consumption if they call for medical help in an emergency situation.  The goal of this law is to make sure no one hesitates to call for help if a friend has had too much to drink because they fear getting arrested.  Last year, as a result of the rising rate of heroin-related deaths, Indiana legislators expanded the Lifeline Law to address drug use as well as alcohol abuse.  The Lifeline Law now encourages first responders and law enforcement officers to carry and administer Naloxone.

In 2012, Zoeller launched the task force made up of state legislators, law enforcement, members of the medical community, health officials, pharmacists, state and local agencies and education providers. The goal of the task force is to significantly reduce the abuse of controlled prescription drugs and to decrease the number of deaths associated with these drugs in Indiana.

Following the creation of the Task Force, the Attorney General’s Office launched a statewide public awareness campaign highlighting the dangers of prescription drug abuse which included radio, television, print and the website, www.Bitterpill.IN.gov.