2012 DTCI Amicus Report
In 2012, the Defense Trial Counsel of Indiana’s Amicus Committee participated, or is participating, in four interesting appeals, each involving support for parties seeking transfer to the Indiana Supreme Court.
Indiana Supreme Court
Articles
Justices order modification of sentence of convicted child caseworker to comply with plea agreement
A former child protective services caseworker convicted of sex crimes in Hamilton and Elkhart counties should have his sentence modified to comport with his plea agreement, the Indiana Supreme Court ordered.
Justices take 6 cases, reject 26
The Indiana Supreme Court granted transfer in six of 32 cases reviewed in the week ending Dec. 14, according to the transfer disposition list posted Monday on the court website.
Justices issue 4 opinions tackling prejudgment interest
In four opinions dealing with the award of prejudgment interest under the Tort Prejudgment Interest Statute, the Indiana Supreme Court found Wednesday, among other things, that the TPIS applies to an action by an insured against an insurer to recover benefits under the insured’s underinsured motorist policy.
Justices decline to take 12 cases
The Indiana Supreme Court accepted none of the 12 cases before it on transfer request last week.
Judges reverse teen’s conspiracy to commit murder conviction
The Indiana Court of Appeals has reversed Paul Henry Gingerich’s conviction of Class A felony conspiracy to commit murder, finding the Kosciusko juvenile court abused its discretion in denying the then-12-year-old’s request for a continuance of a waiver hearing.
Justices deny Bisard’s blood evidence appeal
The Indiana Supreme Court let stand a ruling by the Court of Appeals allowing blood test results to be admitted in the drunken driving fatality trial of Indianapolis Metropolitan Police Department officer David Bisard.
Failure to report abuse charges to proceed against athletic director
The Indiana Court of Appeals upheld the denial of LaPorte Community School Corp.’s athletic director Edward Gilliland’s attempt to dismiss two counts of misdemeanor failure to report child abuse filed against him. The charges stem from the conduct of LaPorte High School’s junior volleyball coach Robert Ashcraft.
David, Rush appointed as liaisons for juvenile program
Chief Justice Brent Dickson has appointed Justices Steven David and Loretta H. Rush to serve as the Indiana Supreme Court’s liaison representatives to the Court Improvement Program executive committee.
Federal court stays Roy Lee Ward’s execution
A federal appeals court judge Tuesday granted a stay of execution for an Indiana man convicted of the torturous rape and murder of a 15-year-old girl.
Indiana justices consider constitutional challenge to Choice Scholarship Program
Indiana’s test case for school vouchers could have implications for other states, legal observers said after the state Supreme Court heard oral arguments in a case that challenges the constitutionality of school vouchers.
Disciplinary Commission overreached, justices agree
An Ohio attorney who argued his disciplinary case in a rare public forum before the Indiana Supreme Court prevailed as justices said the Indiana Disciplinary Commission’s arguments failed.
Justices to decide if tax sale notice statute unconstitutional
The Indiana Supreme Court granted transfer to just one case last week, taking a Bartholomew County ruling involving a tax sale. The Indiana Court of Appeals in July held that Indiana Code 6.1-1-24-3(b) violates the 14th Amendment guarantee of due process.
Governor appoints Rush’s trial court replacement
Gov. Mitch Daniels announced Monday that he has selected Faith Graham to sit as judge of Tippecanoe Superior Court III. She succeeds Loretta Rush, who was appointed to the Indiana Supreme Court in September and joined the high court this month.
State urges justices to draw ‘bright line’ on school choice vouchers
Indiana Solicitor General Thomas Fisher on Wednesday urged the Indiana Supreme Court to uphold the state’s school choice voucher program, arguing that it did not constitute an unconstitutional government support of religion.
Pilot project to use transcript-preparing companies, cut filing time
Two companies will be hired to transcribe court records on an expedited schedule in a pilot program in selected courts, according to a Supreme Court order.
Courts to mark National Adoption Day
Judges in three Indiana courts will observe National Adoption Day on Friday by presiding over several uncontested adoptions and opening their courtrooms for media coverage of the events.
Supreme Court upholds trial court’s ruling on professor’s dismissal
Despite a professor’s claim that he was in a joyous mood when he interacted with a colleague and his actions were harmless, the Indiana Supreme Court upheld his dismissal from his tenured teaching position.
Rush to take lead on proposed Commission on Children, juvenile panels
Justice Loretta Rush is poised to take a leading position on matters of juvenile law and head a proposed Indiana Commission on Children, according to an order of the Indiana Supreme Court issued Tuesday.
Supreme Court takes 2 cases, rejects 17
The Indiana Supreme Court took two not-for-publication cases last week and denied transfer in 17 other cases.