A man’s conviction in a domestic battery case after both defense and prosecution asked for a mistrial because a relative of the defendant communicated with a juror outside court will stand after the Indiana Supreme Court in a 3-2 decision chose not to hear the appeal. Chief Justice Loretta Rush and Justice Steven David published a dissent, believing the defendant had been prejudiced and was entitled to a new trial.
Indiana Supreme Court justices granted transfer to five cases last week, declining review of nearly 40 others.
Neighbors to an 8,000-head hog farm are asking the Indiana Supreme Court for relief, arguing Indiana’s Right to Farm Act does not give blanket immunity to all negligence and trespass claims. Martin Richard and Janet Himsel and Robert and Susan Lannon have filed a petition to transfer their complaint over a concentrated animal feeding operation near their farms in Hendricks County.
Indianapolis officials said Wednesday they expect to move forward with demolishing a blighted northeast-side apartment complex, after the owner of the property failed to request a last-ditch hearing by the state’s high court.
Indiana Chief Justice Loretta Rush has penned a dissent to the denial of transfer to a case involving public disclosure of private health information, calling the transfer decision a missed opportunity “to clear up uncertainty” regarding whether disclosure is actionable.
Indiana Supreme Court justices have determined that an amended statute dealing with ownership transfer in instances of eminent domain may be applied retroactively.
A divided Indiana Supreme Court decided not to take an appeal after originally granting transfer to a class action brought by angry customers against a Northern Indiana car dealership.
The Indiana Supreme Court will hear oral arguments in a case involving a noncompete and solicitation agreement ruled to be overly broad.
Indiana’s attorney general is turning to the state’s high court in his battle to force two retired school superintendents to repay hundreds of thousands of dollars. Attorney General Curtis Hill recently filed a petition asking the Indiana Supreme Court to accept transfer of his civil lawsuit against former School Town of Munster superintendents William Pfister and Richard Sopko.
Indiana Supreme Court justices unanimously denied transfer to more than 20 cases last week, including appeals from a man who is serving 70 years behind bars for murdering his girlfriend and from parents who claim medical care providers failed to properly treat their infant daughter.
A northwestern Indiana landlord wants the U.S. Supreme Court to wade into his dispute with the city of Hammond and overturn a city order directing him to remove five apartments that he’s leased to tenants in what was once a single-family home. Jose Andrade, who argues that Hammond’s order violates his constitutional rights, has filed a petition for review with the nation’s highest court.
The Indiana Supreme Court agreed to hear two cases last week including a class action against a Mishawaka car dealership. The court rejected about four dozen other appeal petitions, including a child in need of services case that sparked outspoken division between the justices.
In a published dissent to a denial of transfer, two Indiana Supreme Court judges had sharp words for the Department of Child Services and the lower courts that, according to the dissent, did not take advantage of an opportunity to “make things right” for a father and his two children.
The Indiana Supreme Court will not hear the appeal of a northern Indiana man who was sentenced to 65 years in prison for the beating death of a 2-year-old left in his care. Justices denied a transfer petition sought in the case of Trevor Wert v. State of Indiana, 19A-CR-92, in which the Indiana Court of Appeals affirmed Trevor Wert’s murder conviction in the beating death of Railee Ewing.
The Indiana Supreme Court declined to hear almost all of the appeals before it last week, but did accept two medical malpractice cases it consolidated for the clarification of preferred venue.
The Indiana Supreme Court considered and denied 18 petitions for transfer last week, including two cases that drew concerns from members of the Indiana Court of Appeals.
The Indiana Supreme Court remanded a guilty verdict Monday solely to eliminate the remaining double jeopardy violation in a man’s two drug-related convictions. Both convictions were enhanced based on the same evidence of his possession of a single firearm.
Out of 25 cases, the Indiana Supreme Court chose only to hear three on petition to transfer, all of which the justices decided last week. Justices unanimously agreed to deny transfer in most of the cases but split over three cases it ultimately rejected to hear.
Indiana Supreme Court justices agreed to hear two cases on grant of transfer last week, denying one other involving a faulty Muncie controlled drug buy. The three cases were the only matters justices considered on petition to transfer last week.
A man seeking to modify his already served sentence failed to convince the Indiana Supreme Court to accept his argument, though the high court rejected his position for a different reason than the Indiana Court of Appeals.