Indiana Court Decisions — May 23-June 6, 2018
Read Indiana appellate court decisions from the most recent reporting period.
Indiana Supreme Court
Articles
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.
Private attorneys in death penalty cases create dilemmas for judges, public defenders
Capital cases are entering what one judge calls uncharted territory, faced with determining whether an accused killer is entitled to court-appointed counsel of his choice or must be represented by a lawyer certified to defend death penalty cases.
Man who replied “so what?” barred from unauthorized practice
A Lake County man who is not licensed to practice law in Indiana but who performed legal work for a friend in a family law matter has been permanently enjoined from continuing his unauthorized legal work.
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.
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.
National court leaders gather in Indy to discuss opioid crisis
Court leaders from across the country met in Indianapolis on Tuesday to brainstorm how the judiciary can best respond to the nation’s opioid epidemic. Indiana Chief Justice Loretta Rush co-chairs the National Judicial Opioid Task Force.
Senior judge to serve as pro tem on Wabash Superior Court
A senior judge will begin serving as the Wabash Superior Court judge pro tempore this week after the sitting judge announced she will be temporarily unavailable to perform her duties.
Justices to hear product liability, juvenile firearms cases
The Indiana Supreme Court will hear oral arguments Thursday in an injury-related product liability case involving a handheld power tool and in a case weighing whether a juvenile may be adjudicated delinquent for carrying a handgun without a license.
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.
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.