Indiana Court Decisions — Aug. 26-Sept. 8, 2021
Read Indiana appellate court decisions from the most recent reporting period.
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Supreme Court overturns acquittal for man who fatally shot wife
In the latest appeal stemming from the prosecution of a Long Beach man who killed his wife nearly 10 years ago, Indiana Supreme Court justices split ways in overturning the acquittal of his crime. One justice would have let the acquittal stand.
Supreme Court approves annual master jury pool list
The Indiana Supreme Court has completed its annual list for jury pool assembly, reiterating to trial courts that the practice of obtaining lists of potential jurors from the Bureau of Motor Vehicles has been discontinued.
Justices hear arguments in juvenile LWOP case of teen who killed brother
After hearing oral arguments in a juvenile life in prison without parole case, justices of the Indiana Supreme Court seemed to leave with more questions than answers.
Judge weighing Indiana governor’s suit over emergency law
Indiana’s constitution gives the Legislature full authority to meet whenever it wants, a top state lawyer argued Friday in a bid to squash Gov. Eric Holcomb’s lawsuit challenging the increased power state legislators gave themselves to intervene during public health emergencies.
Justices to hear oral arguments in public record, sexual assault and negligence disputes
Indiana Supreme Court justices will hear several arguments on appeal next week, including a case in which an Indianapolis TV station lost its public records dispute against Hamilton Southeastern schools.
Rising eviction crisis bringing calls for attorneys to volunteer
The American Bar Association and Legal Services Corp. are echoing the open call U.S. Attorney General Merrick Garland has made, asking attorneys around the country to volunteer their services in their communities to help the millions of individuals and families facing evictions now that the moratorium protection has ended.
Justices: Officers that detect odor of raw marijuana may establish probable cause based on ‘training and experience’
If a law enforcement officer believes they smell raw marijuana based on prior training and experience, they may establish probable cause for a search warrant based on that training and experience, the Indiana Supreme Court has ruled on an issue of first impression.
Supreme Court grants transfer in 3 cases, including NCAA concussion-injury lawsuit
The Indiana Supreme Court granted transfer to three cases last week, including the case in which the NCAA sought to keep its executives from sitting for depositions in a concussion lawsuit.
Justices: Teen injured in crash failed to mitigate damages, but trial court erred in damages reduction
Two former classmates battling in court over damages stemming from a 2016 car accident each took home a partial victory from the Indiana Supreme Court on Tuesday.
Web Exclusive: Women appellate judges widen the road for future judiciary
Indiana’s women appellate judges gathered for a celebration at an Indiana State Bar Association event last month to reflect on the history and significance of the 19th Amendment’s 100th anniversary.
Justices uphold distinction between active, passive fraud, find in favor of clinic after missed diagnosis
The Indiana Supreme Court has reinstated judgment in favor of a now-defunct clinic that missed a woman’s hepatitis C diagnosis, finding that the patient’s medical malpractice claim was untimely.
Justices invite amicus curiae briefing in Lake Co. probation officers legal expense dispute
A debate over whether Lake County is responsible for paying legal expenses incurred by two probation officers in a federal lawsuit is pending on transfer before the Indiana Supreme Court, which has invited amicus curiae briefing in the case.
Plymouth lawyer agrees he violated professional conduct rules
A Plymouth attorney has agreed with the Indiana Supreme Court Disciplinary Commission he violated Indiana Professional Conduct Rules while representing a client during a divorce case.
Oakland City attorney suspended for noncooperation
The Indiana Supreme Court has suspended Oakland City attorney Darlene C. Robinson for failing to cooperate in a disciplinary investigation against her.
Indiana Supreme Court rules Indy lawyer didn’t engage in misconduct
More than a year after the case opened, the Indiana Supreme Court Disciplinary Commission has ruled Indianapolis lawyer Burnell K. Grimes, Jr. did not engage in professional misconduct.
Indiana Supreme Court declines to block governor’s lawsuit
A split Indiana Supreme Court has not only squashed an attempt to derail the governor’s lawsuit against the Legislature but has also barred any petition to bring the matter back before the justices.
Justices find defunct tax appeal forms proper in HOA common area dispute
A dispute involving the use of a now-defunct tax appeal form challenging assessments to three Marion County homeowners’ associations common areas over several years was partially reversed by the Indiana Supreme Court on Thursday.
Robing ceremony held for COA Judge Weissmann
Almost a year after being sworn into the judiciary, a robing ceremony was held for Indiana Court of Appeals Judge Leanna Weissmann.
Justices set to hear oral arguments in teen LWOP dispute, among others
Indiana Supreme Court justices will hear several oral arguments early next month, including in a murderer’s life-without-parole case, a habitual offender’s double jeopardy dispute and a shoddily constructed South Bend condo complex case.