Indiana Court Decisions – June 3-16, 2021
Read Indiana appellate court decisions from the most recent reporting period.
Indiana Supreme Court
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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.
Starke Co. Magistrate Judge Calabrese certified for senior status
The Indiana Supreme Court has certified senior judge status for Starke Circuit Court Magistrate Judge Jeanene Calabrese.
Appellate panel affirms denial of PCR in meth manufacturing case
A man whose meth manufacturing case has twice been through the appellate process has lost in a third appeal, this time challenging the denial of his petition for post-conviction relief.
Three members reappointed to the Allen Superior Court JNC
Gov. Eric Holcomb has appointed two leaders of faith-based organizations and a retired business vice president to serve on the Allen Superior Court Judicial Nominating Commission for the next four years.
Roughly 240 attorneys face suspension for unpaid dues, failure to meet CLE requirements
Nearly 140 Indiana lawyers and almost 100 out-of-state attorneys face suspension from the practice of law for unpaid dues, violations of Interest on Lawyer Trust Account rules or failure to comply with continuing legal education requirements, the Indiana Supreme Court announced in a Thursday order.
Split justices uphold warrantless search, seizure of van in drug possession case
Indiana Supreme Court justices split Thursday in a decision concerning a Boone County man’s drug-possession convictions that were previously reversed by an appellate court that found the warrantless search of his car following a crash violated his Fourth Amendment rights.
Massey named new Vanderburgh Commercial Court judge
Vanderburgh County has a new Commercial Court judge, the Indiana Supreme Court has announced, naming Vanderburgh Superior Judge Thomas Massey to the post.
Justices consider failure-to-mitigate defense in car crash damages dispute
A dispute over damages stemming from a high school car accident largely comes down to one question: Did the injured teen make her concussion worse by not following post-concussion “protocols”?