No ineffective counsel, habeas relief for man convicted of rape, domestic battery in state court
A man convicted of rape and battery against his ex-girlfriend in state court has failed in his bid to win habeas relief at the federal level.
Indiana Supreme Court
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Indiana Court Decisions – March 10-23, 2022
Read Indiana appellate court decisions from the most recent reporting period.
Disciplinary Actions: Jan. 1-March 28, 2022
Read a summary of disciplinary decisions handed down by the Indiana Supreme Court during the first quarter of 2022.
IN Supreme Court to hear final March oral arguments
The final oral arguments Indiana Supreme Court justices will hear this month concern whether a preliminary instruction was given in error to a jury regarding a man’s unlawful possession of a firearm.
Justices allow patient to sue physician group, but split over ‘new standard’
Although the Indiana Supreme Court agreed a woman who was injured during physical therapy should be able to proceed with her complaint against her doctors, the justices split over the application of the Restatement (Second) of Torts Section 429, with one justice asserting the majority was applying a new standard that rendered Section 429 redundant.
In 1st impression case, IN justices extend independent physician liability to nonhospitals
The Indiana Supreme Court issued a reversal in a case of first impression Thursday, finding that independent physician liability extends to nonhospital facilities that provide patients with health care.
Teen who got life sentence for murdering younger brother didn’t receive ineffective assistance, IN Supreme Court rules
A man sentenced to life in prison after he was convicted of killing his younger brother as a teenager did not receive ineffective assistance of counsel during sentencing, Indiana Supreme Court justices concluded Wednesday.
Indiana judges, court staff reflect on collaborative history with Ukrainian judiciary
With nearly a month of devastation unfolding in the wake of Russia’s attack and invasion on Ukraine, Hoosier leaders and judges are calling to mind a time when Indiana’s bond to Ukraine was stronger than ever.
Indiana Court Decisions: Feb. 24-March 9, 2022
Read Indiana appellate court decisions from the most recent reporting period.
Justices disagree on denying transfer in domestic violence, computer trespassing cases
Indiana Supreme Court justices last week could not come to an unanimous decision in declining to further consider two cases that sought transfer of jurisdiction before the high court.
Justices affirm division of marital assets
The Indiana Supreme Court has determined a trial court didn’t err in its method of dividing up assets between a divorced Hendricks County couple, parting ways with the opinion of the Court of Appeals of Indiana.
Majority justices rule Duke can’t retroactively recover coal-ash cleanup costs
Indiana Supreme Court justices were divided on an issue of first impression brought by Duke Energy and the Indiana Utility Regulatory Commission, ultimately ruling that the utility cannot recover past coal-ash cleanup costs adjudicated under a prior rate order by treating the costs as a capitalized asset.
Justices: Steel supplier can have mechanic’s lien over U.S. Steel project site
Like the Court of Appeals of Indiana did before the case was transferred, the Indiana Supreme Court has reversed summary judgment granted to United States Steel Corp. over a mechanic’s lien dispute regarding a now-defunct industrial project in Gary.
JNC to hold final IN Supreme Court interviews on April 5
The final round of public interviews for a seat on the Indiana Supreme Court will be held on April 5.
IN justices decline to expand med-mal act to indemnity claims filed by one care provider against another
The Indiana Medical Malpractice Act does not apply to claims for indemnification filed by one medical provider against another, the Indiana Supreme Court has ruled. The court’s decision means a breach-of-contract claim filed against a radiology services provider can proceed, because the MMA’s statute of limitations did not preclude the claim.
Justices dismiss appeal challenging IURC decision, disagree on standing analysis
A solar-power advocacy organization did not have standing to seek judicial review of a decision by the Indiana Utility Regulatory Commission, the Indiana Supreme Court has ruled, dismissing the appeal outright. But while all justices agreed with the outcome, one argued the court’s standing analysis should be more robust.
Former AG Hill named fellow at Washington, D.C. think tank
Former Indiana Attorney General Curtis Hill has been named a senior fellow at a Washington, D.C., think tank.
Pro se attorney gets public reprimand from justices for direct email to opposing party
Describing an Indianapolis lawyer as “his own worst enemy” when it comes to electronic communications, a split Indiana Supreme Court has issued a public reprimand after the lawyer sent a threatening email directly to an opposing party rather than working through another lawyer. A dissenting justice, however, said the rule in question in this issue of first impression does not apply to pro se lawyers like the attorney who was disciplined.
Immigration attorney suspended again for unauthorized practice of law
An Indianapolis attorney already on probation following a suspension will have to serve the remaining balance of her suspended time after she was found to have practiced law while under a reciprocal suspension order.
IN justices affirm mother was afforded due process during virtual TPR hearing
A mother whose parental rights were terminated after a virtual hearing via Zoom has lost her appeal at the Indiana Supreme Court, which instead adopted as precedent a Court of Appeals analysis of how the mother’s due process rights were impacted by the virtual proceedings.