Indiana Court Decisions — Jan. 13-26, 2022
Read Indiana appellate court decisions from the most recent reporting period.
Indiana Supreme Court
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On the same page: Odyssey CMS now in all 92 counties
As of Dec. 13, 2021, Odyssey was implemented in all 92 Indiana counties following Randolph County’s switch.
Indiana justices’ opinion in ‘revenge porn’ case lauded
Academics and lawyers specializing in free speech and cyber civil rights issues are hailing a recent Indiana Supreme Court ruling regarding the sharing of nonconsensual pornographic images.
Justices order for resentencing of drunken driver
A Logansport man who was charged with drunken driving without a license with his three young grandchildren in his vehicle will be resentenced after the Indiana Supreme Court found “multiple irregularities” in his original sentencing.
Valpo attorney put on indefinite suspension for noncooperation
The Indiana Supreme Court has indefinitely suspended Valparaiso attorney Bryan M. Truitt from practicing law in Indiana for failing to cooperate with a disciplinary investigation against him.
Justices take certified questions, rule Gary death row inmate didn’t ‘properly’ file PCR petition
A Gary man sentenced to death did not “properly file” a post-conviction petition in 2016, and an Indiana Supreme Court order in 2017 to file the deficient PCR petition did not render it proper, the Supreme Court has ruled in response to certified questions from a federal judge.
Bonaventura to temporarily fill Marion Superior vacancy
Senior judge and former head of the Indiana Department of Child Services Mary Beth Bonaventura has been appointed judge pro tempore to fill a vacancy in Marion Superior Court 15, starting Feb. 7 and continuing until further order from the Indiana Supreme Court.
COA affirms expungement denial following remand from Supreme Court
The Court of Appeals of Indiana has affirmed the denial of a man’s expungement petition for a violent burglary he took part in two decades ago following a remand from the Indiana Supreme Court.
Justices: South Bend condo HOA can move forward with faulty construction lawsuit
A homeowners association made up of condominium owners in a South Bend condo complex can move forward with its claims of faulty construction work against two of the four defendants named in its original lawsuit after a reversal by the Indiana Supreme Court.
Indianapolis attorney reinstated after suspension for lying on law school, bar applications
An Indianapolis attorney who was previously suspended for lying on his law school and bar admission applications may once again practice law in the Hoosier State.
Indiana’s pro bono hours, dollars drop in pandemic
The pro bono hours and contributions Indiana lawyers reported in 2020 were down from the previous year, but the dip is attributed to the disruption caused by the COVID-19 pandemic, and the numbers are expected to turn upward in 2022.
Indiana Court Decisions – Dec. 30, 2021-Jan. 12, 2022
Read Indiana appellate court decisions from the latest reporting period.
Justices: Indiana’s ‘revenge porn’ statute constitutional
Justices deny transfer to child custody case, but David dissents based on decisions that ‘circumvent’ appellate rule
The Indiana Supreme Court has denied transfer to a child custody case reversed by the Court of Appeals of Indiana, but one justice dissented with multiple concerns, including the “increasing number of appellate opinions that explicitly circumvent Appellate Rule 65(E).”
Justices dismiss as moot juvenile’s interlocutory appeal challenging placement order
The Indiana Supreme Court has dismissed as moot a juvenile’s appeal challenging her placement at a residential treatment facility, doing away with an appellate decision it says may not correctly advise courts regarding competency-related treatment.
School district, TV station take home partial wins in public records dispute over football coach’s suspension
A central Indiana school district that placed a football coach on unpaid leave failed to provide a local TV station with a sufficient factual basis for that discipline, the Indiana Supreme Court ruled Thursday in a partial reversal. However, the high court upheld the ruling that the school district does not have to provide the TV station with the coach’s underlying personnel files.
‘Global assault’ on Indiana abortion laws goes to skeptical 7th Circuit
The so-called “global assault” on Indiana’s abortion regulation scheme was back in court on Wednesday, with the state urging the 7th Circuit Court of Appeals to keep in place a stay of an injunction against several Indiana abortion provisions put in place over the summer. But at least one member of the appellate court seemed hesitant to render a decision given a high-profile abortion case pending at the U.S. Supreme Court.
Chief Justice Rush commends perseverance of courts, honors Justice David at State of the Judiciary
Indiana Chief Justice Loretta Rush presented her eighth State of the Judiciary address to Indiana Gov. Eric Holcomb, state lawmakers and fellow judges on the conditions of Indiana’s courts on Wednesday.
Justices grant transfer to 2 cases, deny transfer to case against couple that allegedly abandoned adopted daughter
A burglary conviction that was tossed and a dispute over insurance coverage for a pair of bars are both headed to the Indiana Supreme Court for review. But the case against an Indiana couple accused of abandoning their adopted daughter has been denied transfer.
Rush to present 2022 State of the Judiciary on Wednesday
Indiana Chief Justice Loretta Rush is set to give her annual State of the Judiciary address on Wednesday, the Supreme Court has announced.