Noblesville attorney suspended after admitting multiple conduct violations
A Noblesville attorney has been suspended from the practice of law for at least one year after admitting to 10 violations of Indiana professional conduct rules.
Indiana Supreme Court
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Supreme Court allows legal malpractice claim to continue
A legal malpractice claim against a suspended northern Indiana attorney and his firm will continue after the Indiana Supreme Court found a genuine issue of material fact as to whether the plaintiff’s premises liability claim would have succeeded had the firm not failed to timely file her complaint.
JNC to interview 12 for COA seat
Each of the 12 applicants who applied to fill an upcoming vacancy on the Indiana Court of Appeals will interview with the Indiana Judicial Nominating Commission on April 30 and May 1. The applicants are vying to succeed retiring COA Judge Michael Barnes.
Supreme Court Disciplinary Commission launches ethical guidance program
Lawyers who participate in and pay for online legal referral services run the risk of violating multiple Indiana ethical rules, the Indiana Supreme Court Disciplinary Commission wrote in a first-of-its-kind advisory opinion released as part of a new ethical guidance program.
Supreme Court to hear argument in Owen County
The Indiana Supreme Court will travel to southern Indiana later this month to hear an oral argument in Owen County. The court announced Thursday it will hear a case involving a 17-year-old’s reported suicide attempt.
Dean’s Desk: Death penalty for drug dealers unconstitutional (and unwise)
The death penalty for a defendant who did not participate in a violent felony that resulted in the death of someone simply would not pass constitutional muster and is clearly a step backward from policy, public health, and constitutional perspectives.
Indiana Court Decisions — March 15-28, 2018
7th Circuit Court of Appeals March 21 Civil Plenary — Establishment Clause Freedom From Religion Foundation v. Concord Community Schools 17-1591, 17-1683 An Elkhart high school’s traditional “Christmas Spectacular” production that was canceled by a northern Indiana federal court because of its overt religiosity, then passed muster when Christian elements no longer took a leading […]
DTCI: Is the Plaintiff a User or Consumer Under IPLA?
A preliminary inquiry in defending any case brought pursuant to the Indiana Products Liability Act (IPLA) is whether the IPLA even applies to the plaintiff; that is, whether the plaintiff is considered a “user” or “consumer” under the IPLA.
12 apply to Court of Appeals
The Indiana Judicial Nominating Commission has received applications from 12 applicants to fill an upcoming vacancy on the Indiana Court of Appeals.
Steering committee named for 2020 mock trial nationals
Preparations for the 2020 National High School Mock Trial Championship in Evansville are continuing with the steering committee for the event being finalized. Lawyers, judge and private citizens from around Indiana are helping to oversee a contest which will bring about 900 high schoolers to Indiana.
Two more counties move to e-filing this week
Courts in two more counties will make the switch to electronic filing this week, moving Indiana closer to the judiciary’s goal of statewide e-filing implementation by the end of the year.
Supreme Court seeking comment on proposed rule amendments
A series of proposed rule amendments would expand the use of electronic filing in appellate cases and strengthen the right to a jury trial for some misdemeanor offenses, among other proposed changes to Indiana trial and appellate rules.
Supreme Court grants emergency suspension against attorney
An Indianapolis attorney suspended from the practice of law after the Indiana Supreme Court granted a petition for emergency suspension.
Juvenile judge Moores on leave after riding accident
Marion Superior Judge Marilyn Moores has temporarily stepped down from her judicial duties after a horse riding accident left her with a broken leg that required three surgeries. Moores is undergoing three months or rehabilitation.
Divided Supreme Court finds clerk liable for released bail proceeds
The Vanderburgh County Clerk is liable for a $5,000 cash bond she released in a criminal case while a related civil proceeding’s supplemental was pending, a ruling two dissenting Indiana Supreme Court justices fear could put clerks in a tight spot.
Supreme Court reverses breach judgment against heart hospital
A longstanding dispute between a cardiologist and his former employer has ended with the Indiana Supreme Court overturning a $470,000 judgment against a heart hospital.
Divided Supreme Court: Mother was justified in not communicating with child for a year
Despite her failure to significantly communicate with her child for a one-year period, a Greene County mother’s consent to the child’s adoption was required because she spent that year working toward recovery from a drug addiction, a majority of Indiana Supreme Court justices have ruled.
Justices to decide if sex offender dad can go to son’s school activities
The Indiana Supreme Court must decide if a Howard County father can attend his son’s school activities despite his serious sex offender status after hearing arguments Thursday on an ex post facto claim.
Supreme Court hears criminal gang enhancement case
After his criminal gang enhancement was vacated on appeal, a Vanderburgh County man’s sentence for various armed robbery charges reduced from 60 to 30 years. Now, the state is arguing the trial court should have discretion to resentence the defendant in accordance with his crimes, but the defendant claims no such discretion exists.
Indiana justices to rule on lawyer in death penalty case
The Indiana Supreme Court will consider an appeal that challenges a ruling to remove a Fort Wayne defense attorney from a death penalty case. Allen Superior Judge Fran Gull removed defense attorney Nikos Nakos from Marcus Dansby’s death penalty case, citing his lack of training.