Split Supreme Court reinstates convictions based on invited error
Finding no fundamental error, a split Indiana Supreme Court has reinstated a man’s multiple convictions that resulted in a nearly 50-year sentence.
Indiana Supreme Court
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Transfer granted in six child sex abuse deposition cases
Indiana Supreme Court justices granted transfer in six cases last week all addressing whether child sex abuse victims can be ordered for deposition in light of a state statute the Court of Appeals of Indiana has repeatedly held violates the Indiana Rules of Trial Procedure.
Justices split, find ‘jurisdictional gap’ in child molesting offense committed by minor who is now an adult
Neither the juvenile court nor the criminal court has jurisdiction over a man who allegedly committed child molesting while still a minor but whom the state did not attempt to criminally charge until he was over 21, creating a “jurisdictional gap” in cases where an offender ages out of the juvenile system, according to the Indiana Supreme Court. But the court’s majority holding was challenged by two dissenting justices, who argued the Indiana Legislature “would never have intended” for the alleged criminal act to go unpunished.
Indiana justices reverse ruling permitting deposition of child sex abuse victims
The Indiana Supreme Court has swiped at a Court of Appeals of Indiana ruling that allowed a defendant accused of child sex crimes to take the deposition of his accuser, concluding that a disputed state statute preventing such depositions does not conflict with the Indiana Trial Rules.
Indiana Court Decisions: June 2-15, 2022
Read Indiana appellate court decisions from the most recent reporting period.
Soon-to-be justice: Molter picked by governor to fill Indiana Supreme Court opening
Humble, caring and collaborative is how soon-to-be Indiana Supreme Court Justice Derek Molter was described by colleagues and friends. On June 10, at the Indiana Statehouse, Gov. Eric Holcomb announced that Molter, currently the most junior judge on the Court of Appeals of Indiana, will join the state’s highest bench as the 111th justice.
Indiana Supreme Court relies on COA analysis in ruling for insurer in drunken driving case
Adopting the efficient and predominant cause analysis, the Indiana Supreme Court has found an insurance company did not have a duty to defend two Kokomo bars and their owner who are alleged to have continued serving alcohol to an inebriated patron who subsequently got into a drunken driving accident.
Justices permanently lift distance education limits for CLE, CJE
Following changes made to accommodate social distancing beginning in 2020, the Indiana Supreme Court has permanently amended continuing education rules to lift limits on distance education.
Seymour attorney disciplined by IN Supreme Court after 7th Circuit suspension
A Seymour attorney suspended by the 7th Circuit Court of Appeals for misconduct has been hit with reciprocal discipline from the Indiana Supreme Court.
Justices reinstate judgment for loan broker, reject ‘fraud’ finding
A loan brokerage company will be permitted to collect a roughly $3,000 consultant’s fee from a client that rejected its financing offer, the Indiana Supreme Court has ruled, overturning a lower court’s finding that the broker asked the client to commit fraud in order to obtain financing.
Justices remand appeal of moot commitment order, clarify precedent on public-interest exception in commitment cases
Despite her involuntary commitment order having long since expired, a woman will be permitted to challenge the order at the Court of Appeals of Indiana after the Indiana Supreme Court issued a decision clarifying its precedent on how appellate courts should review involuntary commitment cases that have become moot. A dissenting justice, however, repeated previous concerns about the majority’s approach to the public-interest mootness exception.
Former casino general counsel Keeler’s law license suspended after guilty plea
Following his guilty plea to tax fraud in April, former casino executive and state lawmaker John Keeler has been suspended from the practice of law in Indiana.
Supreme Court reverses course, denies transfer in dental dispute
The Indiana Supreme Court has decided not to assume jurisdiction and instead reinstated an opinion from the Court of Appeals of Indiana in a dispute between a dentist and her former employer.
Mitch Daniels stepping down as president of Purdue
Former Indiana Gov. Mitch Daniels is stepping down as president of Purdue University after 10 years in the role, Purdue announced Friday.
Molter appointed newest Indiana Supreme Court justice
A man characterized as “compassionate” and “forward thinking” with “a brilliant legal mind” has been tapped to fill an upcoming vacancy on the Indiana Supreme Court.
Unpaid dues, failure to meet CLE requirements leaves 246 lawyers facing suspension
A total of 246 lawyers face suspension from practicing law in Indiana for unpaid dues, violations of Interest on Lawyer Trust Account rules or failure to comply with continuing legal education requirements, the Indiana Supreme Court announced Tuesday.
Muncie man sentenced for threatening to ‘blow up’ juvenile magistrate’s home
Days after a Muncie man was arrested for threatening to shoot Delaware County judges, a different Muncie man was sentenced for intimidation after saying he would “blow up” a juvenile magistrate judge’s house if she didn’t rule in his favor.
Indiana justices tell Legislature to follow the constitution
In what is being called “the right decision,” the Indiana Supreme Court has overturned the law that allowed the Legislature to call itself into a special session. However, the debate over whether the governor should have the exclusive power to convene the General Assembly when the legislators are out of session might not be settled.
Indiana Court Decisions: May 19-June 1, 2022
7th Circuit Court of Appeals Published May 18, posted to theindianalawyer.com on May 19 Danielle Albert v. Kilolo Kijakazi, Acting Commissioner of Social Security 21-2592 7th Circuit affirms denial of disability benefits, urges petitioner to ‘give work a shot’ A northern Indiana woman who applied for Social Security disability benefits shortly after graduating from high […]
‘Spectacular repudiation’ of Rokita’s attempt to block governor’s lawsuit
In its 31-page opinion on House Enrolled Act 1123, the Indiana Supreme Court devoted 10 pages to rejecting all of Indiana Attorney General Todd Rokita’s arguments that the governor should not have been permitted to even file his lawsuit.