Supreme Court rejects questions in IU frat sex assault case
By a majority vote, the Indiana Supreme Court has declined certified questions of Indiana state law presented by a federal court concerning an Indiana University campus sexual assault case.
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Justices weigh waiver of juvenile right to attend delinquency hearings
Juveniles involved in delinquency proceedings have a constitutional right to be present at the fact-finding hearings against them. But can that right be waived? And if so, how? The Indiana Supreme Court wrestled with those questions in a case argued Thursday.
Retiring COA Judge Barnes honored with celebration today
The Indiana Court of Appeals will honor retiring Judge Michael Barnes at a celebration Thursday afternoon, just one day before the judge will step down from the bench.
Justices vacate transfer of Henry County land dispute
The Indiana Supreme Court has vacated its decision to grant transfer to a case stemming from a Henry County land dispute less than one week after hearing oral argument. The decision lets stand a Court of Appeals ruling reversing the trial court.
Justices won’t hear Johnson County public defender suit
The Indiana Supreme Court has denied transfer to a case challenging the constitutionality of Johnson County’s contract-based public defender system, a decision one of the attorneys representing county defendants said was disappointing and cowardly.
Justices to decide if school disciplinary investigation implicated Miranda rights
A case that the Indiana Court of Appeals used to explore how the presence of school resource officers changes the nature of in-school discipline will soon come before the Indiana Supreme Court, which will decide if a 17-year-old should have been read his Miranda rights while being questioned in a school disciplinary action.
Indiana Court Decisions — May 10-22, 2018
Read Indiana appellate decisions from the most recent reporting period.
Retiring Barnes reflects on time as prosecutor, judge as 3 COA finalists selected
Court of Appeals Judge Michael Barnes’ career has taken him down multiple paths — including 27 years with the St. Joseph County Prosecutor’s Office, 1½ years with Barnes & Thornburg and 18 years on the bench — and each experience exposed him to new facets of the law.
JNC files report on COA finalists to Holcomb
Indiana Gov. Eric Holcomb now has 60 days to select Indiana’s next Court of Appeals judge after the Indiana Judicial Nominating Commission officially submitted the names of its three finalists on Friday.
Attorney who threatened estranged wife with ax disbarred
A Mishawka attorney convicted of felony intimidation after threatening to kill his wife with an ax has been disbarred. The former lawyer is the second disbarred this week by the Indiana Supreme Court for felony convictions.
Justices take certified question on coverage of ‘negligent’ insureds
The Indiana Supreme Court will provide 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.
Imprisoned Anderson attorney disbarred for theft from estates
An Anderson attorney currently serving an eight-year prison sentence for misappropriating hundreds of thousands in estate funds has been disbarred. Stephen Schuyler pleaded guilty to 15 counts last June and had been under an interim suspension issued by the Indiana Supreme Court.
Supreme Court to hear argument in Henry County land dispute
The Indiana Supreme Court will hear argument this week over whether a Henry County redevelopment company can keep land it purchased at a tax sale, despite the county auditor’s claim that a mistaken transfer of the properties invalidated the tax sale.
Justices agree to hear firearms, driving privileges cases
The Indiana Supreme Court will soon grapple with legal issues relating to possession of firearms and specialized driving privileges after granting transfer to three cases last week. Justices also denied 51 transfer petitions last week.
Suspended attorney who continued to practice fined $500
An Indianapolis attorney who has been suspended from the practice of law in Indiana for more than eight years has been found in contempt of court after continuing to practice despite his suspension.
Justices to decide if bad search voids child molest convictions
The Indiana Supreme Court must decide if a Blackford County man’s child molestation convictions will stand despite an unconstitutional search of his home that led to his confession. The question will force the court to grapple with the relationship between two doctrines: attenuation and fruit of the poisonous tree.
Justices: Attorneys can’t waive clients’ right to attend commitment hearings
A man whose attorney waived his right to be present at his mental health civil commitment hearing will be released from involuntary commitment after the Indiana Supreme Court ruled that attorneys may not waive a client’s right to be present at those hearings. The court also found that trial courts can independently waive a respondent’s presence but must do so at the beginning of a civil commitment proceeding.
State, railroad argue over blocked crossings before Supreme Court
The Indiana Supreme Court on Thursday heard oral arguments in a case to determine whether state or federal law controls how long trains may block road crossings. Norfolk Southern Railway challenged the state’s blocked crossing statute after receiving 23 citations for blocking a crossing for more than 10 minutes.
Two judges, Fort Wayne attorney selected as finalists for COA vacancy
The Indiana Judicial Nominating Commission announced late Wednesday afternoon that it will send the names of St. Joseph Superior Judge Steven Hostetler, Lake Superior Judge Elizabeth Tavitas and attorney David Van Gilder of Van Gilder & Trzynka, P.C. to Gov. Eric Holcomb, who will choose one of them to replace retiring Judge Michael Barnes.
New attorneys take oaths, told to be civil and kind
During the Indiana Supreme Court Admission Ceremony Tuesday in downtown Indianapolis, the state’s newest attorneys were reminded that how they conduct themselves as human beings will be just as important in their careers as their knowledge of the law.