Indiana Court Decisions – June 17-30, 2021
Read Indiana appellate court decisions from the most recent reporting period.
Indiana Supreme Court
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Justices affirm denial of PCR for Gary man on death row
The Indiana Supreme Court has denied a final request for relief sought by a man facing the death penalty for the murder of his wife and stepchildren nearly 15 years ago.
IN Supreme Court: ‘Patient’ under med-mal act includes third-party plaintiffs
Answering a question posed by the 7th Circuit Court of Appeals, the Indiana Supreme Court on Wednesday ruled that Indiana’s Medical Malpractice Act applies to cases where a third-party plaintiff alleges that negligent treatment to someone else resulted in injury to the plaintiff. One justice, however, cautioned against the expansion of the Medical Malpractice Act.
Merrillville attorney facing discipline over falsified electronic filing error resigns from bar
A Merrillville attorney who was facing a disciplinary action for allegedly engaging in a scheme to falsify a notice that the court’s electronic filing system had malfunctioned to cover up his failure to timely submit a filing has resigned from the Indiana bar.
Justices convert suspension, revoke automatic reinstatement for Indy attorney
A suspended Indianapolis attorney set to be automatically reinstated to the bar this month must now petition for reinstatement after the Indiana Supreme Court converted his suspension to one without automatic reinstatement.
Despite erroneous admission of mediation evidence, high court affirms stock award for ex-wife
Despite the erroneous admission of confidential evidence prepared in anticipation of a divorce mediation, the Indiana Supreme Court has upheld the award of half of a man’s stock to his now-ex-wife due to his breach of the divorce agreement. The high court ruled in the case that documents produced in anticipation of mediation are covered under settlement negotiation confidentiality requirements.
JNC/JQC attorney picked to lead disciplinary commission
Adrienne Meiring, counsel for the Indiana Supreme Court’s Judicial Nominating/Qualifications Commission, has been named the executive director of the Disciplinary Commission. Her transition will begin immediately and a Supreme Court order will name her to the position.
Indiana Court Decisions – June 3-16, 2021
Read Indiana appellate court decisions from the most recent reporting period.
Racial diversity lacking: No minorities in decade of appointments to IN benches
Although the next Court of Appeals judge has not been selected, the three candidates nominated ensure Indiana will continue its 9-year streak of judicial appointments that do not include a person of color.
Justices reverse, remand man’s reincarceration after being released too soon
It’s now up to a trial court to calculate credit time and determine whether a man who was released from prison too soon should be reincarcerated or remain free, the Indiana Supreme Court wrote in a Monday reversal.
Informant’s face-to-face interview reversed by justices on identity concerns
An order requiring a confidential informant to undergo a face-to-face interview with defense counsel has been reversed by the Indiana Supreme Court, which found that an individual’s identity would be inherently revealed through their physical appearance at such an interview.
Justices reappoint Tippecanoe Co. judge to Public Defender Commission
The Indiana Supreme Court has reappointed Tippecanoe Superior Court 2 Judge Steven P. Meyer to serve on the Indiana Public Defender Commission.
Corruption dispute between Marion, financial adviser headed to trial
A dispute between a city administration and a financial advising group that allegedly contributed to corruption in the city is headed to trial after the Indiana Supreme Court reversed the award of summary judgment for the adviser.
3 appointed to Disciplinary Commission
Three new lawyers will begin service with the Indiana Supreme Court Disciplinary Commission next month.
Supreme Court grants transfer to condo dispute, South Shore Line negligence claim
The Indiana Supreme Court has agreed to consider cases involving allegations of faulty construction at a South Bend condo complex and a negligence claim against the operator of the northern Indiana South Shore Line.
Former magistrate banned from bench gets 180-day suspension for probation violations
A former Hamilton County magistrate who was banned from the bench and put on disciplinary probation after being convicted in a drug sting has been suspended from the practice of law in Indiana for 180 days without automatic reinstatement.
Whitestown lawyer with lengthy discipline history gets 1-year suspension without automatic reinstatement
A Whitestown lawyer who has been the subject of nine disciplinary actions has been suspended from the practice of law in Indiana for at least one year without automatic reinstatement.
Divided justices reverse suppression order in custodial interrogation dispute
A split Indiana Supreme Court has reversed the suppression of a man’s statements made during a police interrogation, finding that the limited curtailment of his freedom of movement wasn’t akin to formal arrest. But one justice dissented, arguing that the suspect’s language barrier could have kept him from knowing he was free to leave.
Majority justices uphold return of seized Land Rover that went to SCOTUS
After seven-plus years of litigation, the Indiana Supreme Court has ruled in favor of a Marion man seeking the return of his seized white Land Rover. The majority justices concluded Thursday that Tyson Timbs met his high burden of showing that the harshness of his vehicle’s forfeiture was grossly disproportionate to the gravity of his underlying drug dealing offense and culpability for the vehicle’s misuse.
Juvenile’s petition over extended house arrest without hearing splits Supreme Court
Indiana Supreme Court justices split 3-2 in declining to hear further argument from a Lake County juvenile whose house arrest was extended without a hearing being held on the matter.