Indiana Court decisions – Aug. 2–15, 2018
Read Indiana appellate court decisions from the most recent reporting period.
Indiana Supreme Court
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Affirming juvenile DOC placement, COA seeks effective counsel guidance
A 15-year-old who had multiple instances of violent rage and who could no longer be controlled by his parents was properly placed in the Department of Correction, an Indiana Court of Appeals panel found. But judges also used the case to ask the Indiana Supreme Court for guidance on measuring the effectiveness of counsel in similar juvenile cases.
Boone, Shelby County judges certified as senior judges
The Indiana Judicial Nominating Commission has certified two new senior judges to serve in Indiana’s trial courts. Indiana Supreme Court Chief Justice Loretta Rush, acting as chair of the Indiana Judicial Nominating Commission, certified J. Jeffrey Edens and Charles D. O’Connor as senior judges in Boone and Shelby counties, respectively.
Public hearing on child support guidelines Friday
The Domestic Relations Committee of the Judicial Conference of Indiana is seeking comments on Indiana’s Child Support Guidelines and will hold a public hearing at 10 a.m. Friday in the Indiana Supreme Court Courtroom at the Statehouse to discuss the guidelines.
Judge pro tempore appointed in Terre Haute City Court
Attorney Kim Antcliff Jackson of Cory, Indiana, took office Monday as Terre Haute City Court Judge pro tempore, replacing retiring Judge Chris A. Wrede. Jackson’s appointment was announced in an Indiana Supreme Court order issued Thursday.
Attorney guilty of felony OWI avoids suspension, gets JLAP monitoring
An Indianapolis attorney with two operating while intoxicated convictions in as many years has received a stayed suspension of her law license from a majority of the Indiana Supreme Court, which ordered the attorney to participate in Judges and Lawyers Assistance Program monitoring.
Justices let wrongful death suit proceed against Munster Church
A wrongful death suit brought against a Munster church by the family of a babysitter who died at the home of the church’s pastors will proceed to trial after the Indiana Supreme Court denied transfer last week.
Indiana Supreme court ruling doesn’t settle Lake Michigan beach access
An Indiana man alleges a homeowner along Lake Michigan tried to remove people from the beach despite an Indiana Supreme Court ruling allowing lakeshore access, despite an Indiana Supreme Court ruling that the state owns the shoreline and holds it in trust for all residents.
Knox County judge reprimanded for tossing friend’s case
A Knox Superior Court judge had been publicly reprimand for reinstating a close friend’s suspended driver’s license and suggesting a deputy prosecutor dismiss the case, according to an Indiana Supreme Court order issued Friday.
Indy attorney suspended, ordered to participate in JLAP services
An Indianapolis attorney who was recently diagnosed with a mental health condition has been suspended from the practice of law and must participate in recovery services with the Indiana Judges and Lawyers Assistance Program.
E-filing now available in Warrick County
Electronic filing is now available in more than 40 civil and criminal case types in the Warrick Circuit and Superior courts. By October 9, E-filing will be mandatory for attorneys in these courts for all subsequent and initial filings in case types that allow it.
Supreme Court amends Tax Court rules
Amendments handed down Friday make a variety of changes to Indiana’s Tax Court rules. The changes all take effect Sept. 1.
Justices to suspended attorney: Pay fine or face prison
The Indiana Supreme Court has ordered a Kokomo attorney who is already suspended to pay a fine or face a 15-day prison sentence after he was found in contempt for practicing law while suspended. The court said the lawyer twice contacted opposing counsel who responded by noting his suspension.
US Supreme Court may see Lake Michigan beach ownership case
A years-long dispute over the ownership of Lake Michigan’s shoreline may be headed to the U.S. Supreme Court. Justice Elena Kagan last week approved a request from Bobbie and Don Gunderson’s attorneys to extend the deadline for seeking a U.S. Supreme Court review in their case to Oct. 5.
Judge pro tem appointed in Lake County; Tavitas to join COA
Senior judge Thomas W. Webber Sr., will serve as judge pro tem in Lake Superior Court, Civil Division 3, replacing Judge Elizabeth Tavitas upon her appointment to the Indiana Court of Appeals. Tavitas is scheduled to be sworn in on the appellate bench next week.
Rule change gives extra time to file transfer petitions
Attorneys will have 15 extra days to file a petition to transfer to the Indiana Supreme Court next year, thanks to an appellate rule amendment adopted Monday.
Rules amendments making attorney cell numbers public not approved
The Indiana Supreme Court has approved a series of amendments to multiple state rules, but one that did not make the cut was an amendment that would have required attorneys to include their cellphone numbers on appearance filings.
Attorney who stole Adderall suspended, another reprimanded
A Terre Haute attorney who stole prescription drugs from a client’s girlfriend has been suspended from the practice of law in Indiana for at least a month and has been ordered to begin a Judges and Lawyers Assistance Program monitoring agreement.
Opioid summit focuses on treatment, best judicial practices
Almost 1,000 people including judges, prosecutors, defense attorneys, law enforcement officers, community leaders and medical professionals on Wednesday attended the Statewide Opioid Summit: A Medication Assisted Treatment and Addictions Primer for Justice Professionals.
Slaughter replaces David as Coalition for Court Access chair
Indiana Supreme Court Justice Geoffrey Slaughter has taken over as chair of the Coalition for Court Access, while three additional members have been appointed to serve under him. He will take over for Justice Steven David, who had chaired the coalition since its 2016 inception.