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.
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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.
Disciplinary Actions – May 16, 2018
Read who has been suspended from the practice of law by the Indiana Supreme Court during the most recent reporting period.
Indiana Court Decisions – April 26-May 9, 2018
Read Indiana appellate decisions from the most recent reporting period.
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.