Justices deny rehearing in Duke Energy coal-ash cleanup case; Goff dissents
Duke Energy will not get a second chance to convince the Indiana Supreme Court that it erred in ruling the utility cannot recoup its past costs for coal-ash cleanup efforts.
Indiana Supreme Court
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7th Circuit affirms dismissal of Indiana homeowners’ suit over Lake Michigan beach ownership
Continuing a yearslong legal battle over property rights along Indiana’s Lake Michigan shoreline, the 7th Circuit Court of Appeals upheld the dismissal of a lawsuit brought by property owners who claimed an Indiana Supreme Court decision upholding public rights to the shoreline constituted an unlawful taking of their property.
Current, former Indiana justices, judges react to SCOTUS leak
“Disappointed,” “stunned” and “saddened” were just a few of the words former and current Indiana appellate justices and judges used to describe how they felt about the recent leak in the nation’s highest court.
Indiana Court Decisions – May 5-18, 2022
Read Indiana appellate court decisions from the most recent reporting period.
DCS attorneys, deputy prosecutors now covered under amended temporary admission rule
An amended rule granting temporary licenses to out-of-state attorneys who are waiting for admission to the Indiana bar will now include lawyers working as deputy prosecutors and some attorneys working at the Indiana Department of Child Services.
New lawyers welcomed to profession at admission ceremony
At the Indiana Supreme Court Admission Ceremony, Indiana Justice Steven David reminded the newest admittees to the profession of law this was the day they had long been working towards.
Justices: Burglar who armed himself after entering residence committed Level 2 felony
The Indiana Supreme Court has concluded that a man who stole a handgun from a partially-paralyzed victim during a burglary and threatened him with it should have his felony conviction enhanced even though he didn’t possess the firearm when he entered the victim’s home.
Indiana Supreme Court grants transfer to wage dispute case, 2 other cases
A dispute between a dentist and her former employer, which split the Court of Appeals over the award of damages, is now headed for the Indiana Supreme Court.
Fort Wayne lawyer on probation, JLAP monitoring following OWI conviction
A Fort Wayne criminal defense and DUI attorney has been placed on probation following a criminal OWI conviction.
Indiana Court Decisions – April 21-May 4, 2022
Read Indiana appellate court decisions from the most recent reporting period.
Public comment sought on proposed trial procedure rule concerning constitutionality challenges
The Indiana Supreme Court is seeking public comment on a newly proposed constitutionality challenge rule to the Indiana Rules of Trial Procedure.
Three Indiana attorneys suspended for noncooperation
The Indiana Supreme Court has issued a trio of orders suspending three different attorneys for noncompliance with the Indiana Supreme Court Disciplinary Commission.
Crown Point attorney suspended after cases delegated to son were neglected
Steven A. Johnson, a Crown Point mediation and labor attorney, has been suspended from the practice of law in Indiana after two cases he handed off to his son resulted in two five-figure sanctions and a default judgment of $1.8 million against his client due to negligence.
Discipline: Non-attorney permanently enjoined from offering legal services
An Indianapolis non-lawyer who drafted a petition for post-conviction relief and sentence modification for an inmate has been permanently enjoined from offering or providing legal advice and services.
IN justices to consider discovery case involving ‘problematic’ precedent
Indiana Supreme Court justices this month will hear oral arguments on petition to transfer in a case in which the Court of Appeals of Indiana, despite “problematic” precedent, upheld the denial of a defendant’s motion to compel evidence of unredacted copies of the police report in his case.
IN Supreme Court: Father’s substantive rights not violated in OWI case involving minor child
A father who was convicted of driving under the influence while his young daughter was in the car will not have his sentence reversed by the Indiana Supreme Court on allocution violation grounds.
Split COA affirms denial of minor’s gender-marker change, calls on Supreme Court for help
Making an about-face, a sharply divided panel of the Court of Appeals of Indiana has affirmed the denial of a mother’s second request to change her transgender child’s birth certificate gender marker. But noting its own conflicting precedent, the COA called on the Indiana Supreme Court to help resolve the issue.
IN Supreme Court: Defendant denied fair proceeding, ordered new trial in child molestation case
A man convicted of child molestation has secured a new trial after the Indiana Supreme Court concluded he was wrongly denied a continuance to review new evidence submitted one day before trial.
Orbison recertified as senior judge
Marion Superior Senior Judge Carol Orbison has been recertified as a senior judge, according to a recertification notification from the Indiana Supreme Court