Articles

SCOTUS agrees to hear Indiana civil forfeiture challenge

A lawsuit challenging Indiana’s civil forfeiture procedures will be heard by the United States Supreme Court after the justices granted a writ of certiorari to a case that a national legal organization says will have significant implications on Eighth Amendment protections nationwide.

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Mediation halts negligence insurance question in murder

The Indiana Supreme Court is no longer tasked with providing clarification on two conflicting rulings related to insurance coverage for parties accused of acting negligently when a co-insured is accused of acting intentionally or criminally, now that the parties to the underlying case have submitted the case for mediation.

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Porter, Madison, COA judges certified as senior judges

The Indiana Supreme Court has certified three new senior judges to serve in Indiana’s courts. Chief Justice Loretta Rush, acting as the chair of the Indiana Judicial Nominating Commission, approved Julia M. Jent, Stephen D. Clase and Michael P. Barnes as senior judges in three Thursday orders. Jent is the former judge of the Porter […]

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Gary man facing death in slayings of wife, 2 kids loses PCR bid

A Gary man sentenced to death for killing his wife and two teenage stepchildren has lost his latest attempt to overturn his conviction – a post-conviction relief petition. Lake Superior Judge Samuel Cappas and Magistrate Judge Natalie Bokota determined in a ruling issued Friday that Kevin Isom of Gary failed to establish he had ineffective counsel at his murder trial or during the appeals process.

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Foreseeability rulings change negligence analyses in premises liability cases

In just 30 pages, the Indiana Supreme Court “redrew (Indiana’s) premises liability landscape,” an appellate court judge recently noted. The October 2016 rulings redefined the parameters courts — not juries — must use when determining whether the harm alleged in a negligence case was was foreseeable, giving rise to a duty.

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More than 150 lawyers suspended for fee, CLE violations

More than 150 attorneys in the state and across the country currently cannot practice law in Indiana after they were suspended by the state Supreme Court for failure to pay their annual fees, comply with annual continuing legal education requirements or both.

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Justices decline state’s appeal in I-69 land taking case

A Monroe County property owner whose road access to former State Road 37 is being cut off by its conversion to Interstate 69 will receive a trial on damages after a majority of the Indiana Supreme Court declined to hear the state’s appeal in a condemnation case.

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