Indiana Court Decisions – April 26-May 9, 2018
Read Indiana appellate decisions from the most recent reporting period.
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Justices to hear argument in blocked railroad crossings case
The question of whether state or federal law determines how long trains can block traffic at railroad crossings will come before the Indiana Supreme Court during oral argument this week. These case is one of three that justices will hear Thursday.
Indiana high court won’t rehear landmark beach rights case
The Indiana Supreme Court has denied rehearing in its landmark ruling that Lake Michigan’s shoreline is open to all and property owners can’t exercise exclusive control of the beach between their homes and the water.
Justices rule anti-SLAPP law no defense to malpractice claim
A medical malpractice suit filed against a doctor who reported his suspicions of child abuse to the Department of Child Services will proceed after the Indiana Supreme Court ruled Thursday that the state’s anti-SLAPP laws do not apply to this case.
Six COA semifinalists to be interviewed next week
Interviews with the six semifinalists selected for an upcoming vacancy on the Indiana Court of Appeals will take place next week. Three judges and three lawyers from northern Indiana are vying to succeed Judge Michael Barnes on the appellate court.
Institute for Justice asks Supreme Court to take civil forfeiture appeal
The Institute for Justice is asking the Indiana Supreme Court to grant immediate review to a case challenging Indiana’s civil forfeiture policy, arguing the practice of diverting forfeiture proceeds away from the Common School Fund is unconstitutional and encourages “policing for profit.”
Justices to consider absentee juvenile adjudication that split COA
The Indiana Supreme Court will hear an appeal of a juvenile case in which a missing delinquent teen received another delinquency adjudication and was found to be in violation of probation after a court hearing where he was not present.
Senior judges to serve as Noble County judges pro tem
Two senior judges will begin serving as Noble County judges pro tempore this month after the sitting circuit court judge announced he will be temporarily unavailable to perform his duties.
First round of Court of Appeals interviews complete
The Indiana Judicial Nominating Commission is now in the process of determining which of the 12 applicants who applied to fill a coming Indiana Court of Appeals vacancy will be asked to sit for a second round of interviews later this month.
Indiana Court decisions – April 12-25, 2018
Read Indiana appellate decisions from the most recent reporting period.
Internal, external process changes increase Tax Court efficiency, slash case filings
At the end of 2016, there were 101 cases still pending before the Indiana Tax Court, the lowest number pending on Dec. 31 since Judge Martha Wentworth ascended to the bench in 2011. But by the end of 2017, that number had fallen to just 17 pending cases — an 83 percent decrease.
Landis, longtime head of Public Defender Council, to retire in July
Despite working on Indiana public defense reforms for 41 years, there are still goals Larry Landis wishes he could have accomplished before his impending retirement from the Indiana Public Defender Council. In a perfect world, Landis said his career would have led to more judicial sentencing discretion, a greater focus on mental health treatment, and a justice system that values restoration over punishment.
JNC completes first day of Court of Appeals interviews
The first of two days of interviews to fill an upcoming vacancy on the Indiana Court of Appeals is complete after the Indiana Supreme Court Judicial Nominating Commission spoke with three more applicants Monday afternoon.
Justices: PCR not available to sex offender barred from son’s school
A Howard County father is currently unable to attend his son’s school activities after the Indiana Supreme Court denied his bid for post-conviction relief from a law that bars serious sex offenders from entering school property. However, the court also pointed the father to a possible alternative that could provide the relief he seeks.
Justices order nonlawyer to stop family law services
An Indianapolis woman who is not a licensed attorney but has consistently provided legal assistance to Indiana residents with child support and parenting time issues has been enjoined from continuing in her unauthorized practice of law.
Divided justices deny transfer to reversed adoption
Despite having already granted the adoption petition, the Vanderburgh Superior Court must revisit an adoption case after the Indiana Supreme Court denied transfer to a Court of Appeals opinion that found an error in the trial court’s decision.
Justices issue 3 suspension orders for noncooperating lawyers
The Indiana Supreme Court issued three orders Tuesday suspending or extending the suspensions of three lawyers found to be noncooperative with the Disciplinary Commission’s investigation of grievances against them.
Attorney who neglected clients, inflated experience suspended
A Greenwood attorney who neglected clients and made false claims of his legal experience and expertise has been suspended from the practice of law for at least 18 months.
Indiana Department of Child Services goes $284M over budget
The Indiana Department of Child Services has gone over budget by $284 million with two months left in this fiscal year.
Lawyer who offered client phony settlement suspended
An Indianapolis attorney who falsely told her client that a $40,000 settlement offer had been made by a party she hadn’t even sued has been suspended from the practice of law.