Suspension lifted for Indianapolis lawyer facing 2 complaints
An Indianapolis lawyer who earlier this month was suspended in two separate cases has been restored to good standing in the Indiana bar.
Indiana Supreme Court
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Justices reverse, find for Bloomington in ex-IU frat house spat
The Indiana Supreme Court on Tuesday reversed lower court decisions against the city of Bloomington, upholding zoning orders requiring residents to vacate a fraternity house that Indiana University no longer recognized. Justices noted the ruling may apply in college and university towns throughout the state.
Appeals court upholds mom’s 40-year neglect sentence in toddler’s death
The mother of a child whose boyfriend was sentenced to life in prison without parole in the 18-month-old’s death failed to show in her appeal that she was wrongly convicted and sentenced to 40 years in prison for her role in the child’s brutalization and death.
Court lifts 1 of 2 suspensions for Indianapolis lawyer
An Indianapolis lawyer who was suspended for his noncooperation with two attorney misconduct investigations has had his suspension in one of those cases lifted. However, the lawyer is still unable to practice law in Indiana.
Appellate courts to hear med-mal, disability cases next week
Indiana’s appellate courts are set to hear arguments next week in a case related to medical malpractice and one dealing with disability issues arising under Kentucky law.
Lake County Bar: Judicial-selection bill an ‘abomination,’ ‘political power play’
The Lake County Bar Association on Thursday issued the most damning rebuke to date of a bill in the Indiana General Assembly that would alter how judges in that county and St. Joseph County are selected. The northwest Indiana county’s bar called the bill “an abomination” and “a political power play by parties not even within Lake County to take even more power away from the people of Lake County in selecting their judges.”
Justices take up disputes over teachers contracts, online user data
Members of the state’s highest court last week turned away nine cases on petition for transfer but agreed to hear arguments in three cases, including disputes over the legality of teacher contracts and two media companies’ litigation over the use of consumer data.
ISBA opposes bill to change judicial selection in Lake, St. Joseph counties
For the second time this year, the Indiana State Bar Association is publicly opposing legislation targeting judicial selection in Indiana, this time speaking against a bill that it says would “unnecessarily change a working system” for judicial selection in Lake and St. Joseph counties.
St. Joseph judge who retired back on bench amid appointment stalemate
The Indiana Supreme Court on Monday issued an order appointing Miller, now a senior judge, back to the court she attempted to retire from last year. The order authorizes Miller to serve as a St. Joseph Superior Court judge until May 1 as a fight over her potential successor plays out in another court.
Betz: Lawmakers propose ‘radical’ bid to reshape judicial selection
By initiating a constitutional amendment based on misinformation, three Indiana Republican state senators, now joined by multiple others, have proposed a radical resolution to eliminate citizen involvement in the retention vote of appellate judges, changing the current selection process that has been in place for 50 years. This proposal also severely decreases judicial independence and increases the political pressure on our state’s appellate judiciary. Indeed, if successful, the proposal would give the legislative branch far greater control over the Indiana state appellate judges and justices. It would also further embed in Indiana’s Constitution more systemic racism.
Plews and Gotwald: Contra proferentem — A bedrock of insurance coverage law
For more than 100 years, the principle that if a policy term is ambiguous it is construed against the insurer and in favor of the policyholder and coverage — known as “contra proferentem”—has been a foundation of Indiana’s insurance-coverage jurisprudence. The reasons supporting this rule are still as strong as ever.
Aggravated battery conviction overturned on double jeopardy grounds
A man who broke into his ex-girlfriend’s home and shot the woman and her daughter will have his aggravated battery conviction and related sentence vacated on double jeopardy grounds. Like others before it, the case raised questions about the application of the Indiana Supreme Court’s new substantive double jeopardy analyses.
Supreme Court dismisses restaurant negligence appeal on timeliness grounds
A trial court order denying judgment to an Indianapolis restaurant sued for negligence has been reinstated, with the Indiana Supreme Court finding no reason to allow the restaurant’s forfeited appeal of the order to proceed.
Justices to hear case ordering confidential informant to sit for defense interview
An order requiring a confidential informant to sit down for a face-to-face interview with defense counsel will be reviewed by Indiana’s highest court after justices granted transfer to the Marion County case.
Indiana Supreme Court opens ICLEO applications
The Indiana Supreme Court has opened applications for the 2021 Indiana Conference for Legal Education Opportunity program serving student groups that are traditionally underrepresented in law school.
Forfeiture case that went to SCOTUS before Indiana high court for third time
For the third time, the case regarding the forfeiture of a Marion man’s Land Rover went back before the Indiana Supreme Court on Thursday. Justices were asked once again to allow the state to forfeit the vehicle that Tyson Timbs was driving in 2013 when he was arrested for drug dealing.
Two lawyers suspended for non-cooperation with discipline investigations
Two Hoosier lawyers have been indefinitely suspended from the practice of law for failure to cooperate with investigations of ethics grievances against them.
Bill removing lawyers from Lake, St. Joseph judicial panels draws more fire
Efforts to amend a bill that would fundamentally change the composition of the judicial nominating commissions in Lake and St. Joseph counties failed in the Indiana House on Tuesday, setting up the controversial legislation for a possible final House vote next week.
Justices accepting disciplinary commission applications as Witte gets senior judge status
The Indiana Supreme Court is now accepting applications for a new disciplinary commission executive director as the current director prepares to retire and take senior judge status.
Justices name senior judge as interim disciplinary commission leader
An Indiana senior judge has been named to lead the Indiana Supreme Court Disciplinary Commission on an interim basis, temporarily replacing executive director G. Michael Witte, who is retiring Friday.