Justices affirm adoption despite father’s untimely appeal
The Indiana Supreme Court in its decision affirming the adoption of a girl first tackled the issue of appellate jurisdiction to entertain the biological father’s appeal.
Indiana Supreme Court
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1,291-day delay in holding trial requires reversing conviction
The “unduly long delay” in bringing a man to trial on a charge of child molesting – 1,291 days – violated his constitutional right to a speedy trial and requires reversing his conviction, the Indiana Supreme Court ruled Wednesday.
Justices to review reversal of capped sentence after plea
The Indiana Supreme Court will review a case in which the Court of Appeals reversed a 10-year sentence, the most a man could receive under an agreement in which he pleaded guilty to multiple felonies.
Former MCBA treasurer suspended from practice 2 years
The former treasurer for the Marion County Bar Association has been suspended from the practice of law for a minimum of two years for taking more than $9,100 from the organization.
Supreme Court posts annual report
The Indiana Supreme Court has posted its annual report, providing details of the 995 cases it reviewed in the fiscal year ending June 30 and elaborating on plans to roll out electronic filing in trial courts statewide.
Justices reverse grant of post-conviction relief
The Indiana Supreme Court on Wednesday rejected a defendant’s claim that his attorneys were ineffective for not arguing that, based on a Supreme Court case, his conviction for Class B felony criminal confinement should be reversed or reduced. But the man inappropriately relies on the case, and what he claims his attorneys should have argued is not the law.
Justices decline Kokomo mayor’s request for stay of contempt order
The Indiana Supreme Court will not stay a contempt order entered against the mayor of Kokomo over construction at the Howard County courthouse.
Supreme Court provides clarity to maintenance agreement modification
If divorcing parties want to make judicial modification available for the maintenance agreements, they must say so in their contract, the Indiana Supreme Court pointed out Tuesday. Because a divorced couple’s maintenance agreement allowed for court intervention, the justices ordered the trial court to consider the wife’s request for modification.
Defendant cleared ‘low bar’ to require reversal of summary judgment
The Indiana Supreme Court reversed summary judgment in favor of the state on its motion for forfeiture of cash found on a man accused of dealing cocaine. The justices found the man’s “self-serving” affidavit specifically controverted the state’s prima facie case that the cash was connected to drug crimes.
Marion County small claims reform faces hurdles in Legislature
The Indiana Supreme Court’s recommendation to merge Marion County’s nine township small claims courts with Marion Superior Court may be too bold for the Indiana General Assembly, a key senator said.
Justices let stand order that Purdue release report on gender bias claim
The Indiana Supreme Court has denied Purdue University’s request to appeal court orders that it release a report investigating a fired chancellor’s alleged gender discrimination and harassment complaint.
Justices order in camera review of report to determine if material is privileged
The Indiana Supreme Court tackled two issues of first impression Wednesday in a dispute involving a family business and claims the company president caused a significant decrease in shareholder value.
Court affirms bank lacks standing to appeal termination of trusts
The Indiana Supreme Court agreed with the Court of Appeals that a bank’s appeal of the termination of two of its trusts must be dismissed for lack of jurisdiction. The bank, as trustee, lacked standing to appeal in its representative capacity and did not appeal in its individual capacity.
Justices hear constitutional challenge to right-to-work law
Indiana’s right-to-work statute is clearly anti-union, one state Supreme Court justice said Thursday, but all five justices seemed dubious of arguments that it violated the state constitution.
Justices take first impression insurance case
The Indiana Supreme Court has accepted three cases on transfer, including one that divided the Court of Appeals regarding a jury award to the widow of a motorcyclist injured in a crash.
Justices reverse conviction and sentence enhancement related to handgun
Because a man’s firearm enhancement is based on the same behavior used to convict and sentence him for carrying a handgun without a permit, the Indiana Supreme Court vacated the conviction and five-year enhancement.
State can exclude fuel ethanol plants from ‘chemical process plant’ classification
The Indiana Supreme Court on Tuesday affirmed the decision by state environmental agencies to no longer consider fuel ethanol plants to be a “chemical process plant” under the Clean Air Act. By removing fuel ethanol plants from this classification, those plants may not be subject to stricter regulations.
Supreme Court recommends abolishing Marion County township courts
A report from the National Center for State Courts recommends the nine township small claims venues in Indianapolis transition into a unified section of Marion Superior Courts. The Indiana Supreme Court is asking lawmakers to abolish the current system and unify them with the Superior Courts’ Civil Division effective Jan. 1, 2016.
Justices halt ruling striking down right-to-work law
The Indiana Supreme Court on Friday put on hold a lower court judge's ruling striking down the state's right-to-work law and denied a request that it be consolidated with a similar case, clearing the way for the justices to hear arguments on the issue next week.
Fee cap provision in Med Mal Act does not reduce fund’s liability
The Indiana Supreme Court has sided with an estate in a dispute over whether the Indiana Medical Malpractice Act’s cap on attorney fees from a Patient Compensation Fund award also applies to reduce the fund’s liability. The issue is one of first impression in Indiana.