Indiana Court decisions – June 7-20, 2018
Read Indiana appellate decisions from the most recent reporting period.
Indiana Supreme Court
Articles
Indiana excessive fines civil forfeiture case going to SCOTUS
Indiana’s civil forfeiture framework has received ample attention from the state legislative and judicial branches in recent years, but now, the nation’s highest court will weigh in on a case that could have implications in Indiana and nationwide.
Justices take jurisdiction from COA in ‘policing for profit’ case
A case challenging the constitutionality of Indiana’s civil forfeiture laws is heading to the Indiana Supreme Court, just as a separate Indiana civil forfeiture case will be heard next term by the United States Supreme Court.
Justices won’t hear nursing home moratorium appeal
A majority of Indiana’s Supreme Court let stand Indiana’s moratorium on nursing home construction. The 3-2 ruling is a loss for Carmel-based Mainstreet Property Group, which sought to overturn the ban.
E-filing now available in Montgomery County
Electronic filing is now available in more than 40 civil and criminal case types in the Montgomery Circuit and Superior Courts. By August 21, e-filing will be mandatory for attorneys in the Montgomery County courts for all subsequent and initial filings in case types that allow it.
Judges request public input on child support guidelines
The Domestic Relations Committee of the Judicial Conference of Indiana is seeking public comment on Indiana’s current child support guidelines. The committee will hold a public hearing at 10 a.m. on Aug. 17 in the Supreme Court Courtroom on the third floor of the Indiana Statehouse to discuss the guidelines and is also accepting written comments.
Justices appoint Lake Superior judge pro tempore
Lake Superior Court Judge Diane Kavadias Schneider will temporarily step down from her seat on the bench after informing the court she would be unable to perform the duties of her office. Serving in her place as judge pro tempore will be attorney Stephen A. Tyler.
Justices: Motel room used for sting operation was not ‘place of detention’
The Indiana Supreme Court has upheld the admission of incriminating statements made in a motel room during an undercover drug investigation after finding the motel room was not a “place of detention” requiring an electronic record of the statements. The court also created a test for analyzing whether a location can be considered a “place of detention” under Indiana Evidence Rule 617.
Justices reinstate murder, drug convictions after invited error
The Indiana Supreme Court has overturned a ruling for a convicted murderer to get a new trial and instead reinstated the murder and drug convictions after determining the defendant invited the structural error that compromised his right to an impartial jury.
Carmel attorney suspended for not communicating with clients
A Carmel attorney who contracted with a Texas law firm but did not engage with the clients he represented as part of the contractual relationship has been suspended from the practice of law in Indiana for 30 days.
Justices: No Miranda violation in school delinquency case
A 17-year-old boy adjudicated delinquent for spray painting sexual graffiti on bathroom walls at Brownsburg High School was not required to be read his Miranda rights because he was only interviewed by a school official, not by police, the Indiana Supreme Court ruled.
Justices reverse NIPSCO rate increase, limit hikes for nonspecific projects
A utility rate increase to fund nearly $20 million of improvements for a northern Indiana power utility was struck down by the Indiana Supreme Court on Wednesday in a ruling the court said “will likely have enormous financial consequences for utilities and their customers.”
Supreme Court reverses judgment for man’s estate on uninsured driver claim
The Indiana Supreme Court reversed a trial court ruling in favor of a Goshen man’s estate seeking recovery of damages under the uninsured motorist policy held by his employer. The Indiana Court of Appeals also had ruled in favor of the estate of a man hit and killed by a passing driver while mowing his lawn.
Justices: ‘Compromise Chapter’ does not apply to pre-mortem estate agreements
A portion of Indiana code dealing with disagreements arising from the process of probating a will and administering an estate cannot be read to allow for the enforcement of pre-mortem family settlement agreements, a majority of the Indiana Surpeme Court has ruled.
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.
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.
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 […]
Massa letter gives Holcomb 60 days to pick 3 Marion Superior judges
Indiana Gov. Eric Holcomb now has 60 days to select three new Marion County judges after the committee created to interview judicial candidates formally submitted its recommendation of nine finalists to fill three upcoming Superior Court vacancies.
Justices let ruling stand that reserves right to request misdemeanor juries to defendants
An Indiana Court of Appeals ruling that reserved the right to demand a jury trial in misdemeanor cases to defendants has been upheld after the Indiana Supreme Court declined to hear the state’s challenge to that ruling.
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.