Indiana Court Decisions – Aug. 28-Sept. 11, 2019
Read Indiana appellate court decisions from the most recent reporting period.
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After judge’s plea, JQC investigating shooting
Though he’s past the legal ramifications of an early-morning shooting in May, Clark Circuit Judge Andrew Adams must still face a judicial discipline action investigating the matter. His plea and the highly publicized nature of the shooting led the Indiana Judicial Qualifications Commission to take the rare step of publicly confirming its investigation of the incident.
Supreme Court accepting applications for state public defender
The Indiana Supreme Court is now accepting applications for the state’s next public defender. Indiana’s current public defender, Stephen Owens, is retiring in December.
Justices appoint new members to JLAP advisory committee
Replacements have been selected to fill upcoming vacancies on the Judges and Lawyers Assistance Program Advisory Committee, the Indiana Supreme Court has announced.
Justices: Amended statute retroactively applies in eminent domain action
Indiana Supreme Court justices have determined that an amended statute dealing with ownership transfer in instances of eminent domain may be applied retroactively.
Justices consider PCR for Gary man convicted in slaying
He was convicted in 2013 of brutally killing his wife and two stepchildren. His death sentence has already been upheld on direct appeal, but Kevin Isom is again asking the Indiana Supreme Court to give him another chance at a sentence less than death.
Supreme Court grants partial victory for would-be buyers in Rainbow Realty dispute
Would-be homebuyers secured a partial victory from the Indiana Supreme Court against Rainbow Realty Group after it concluded the parties’ rent-to-buy agreement was not a land-sale contract. However, relief awarded to the tenants under Indiana’s Deceptive Consumer Sales Act was reversed.
Justices order state courts to adopt security plans
Changes have been made to Indiana’s court security rules, adding new language that addresses individual court security plans.
Judicial commission investigating shooting involving judges
The Indiana Commission on Judicial Qualifications is investigating the May 1 shooting that left two Clark County judges wounded and one convicted of misdemeanor battery, the Indiana Supreme Court confirmed Wednesday.
Lawyer suspended for hiring killer in ‘woefully inadequate’ defense
An Indianapolis attorney who hired a convicted killer to persuade a defendant accused of murder to ditch a public defender and retain him has been suspended for three years for incompetent client representation and lying to the disciplinary commission. A dissenting justice, however, would have disbarred the attorney.
Initial July bar exam results show little change from last year
Preliminary results released Monday for the July 2019 bar exam indicate the overall pass rate likely will remain between 60 and 65 percent even as the rate for repeat takers could hit a historical low of 20 percent.
Attorney who exposed himself, allegedly stole client funds, resigns
An Indianapolis attorney who in the past three years was charged with indecency, public nudity and theft has resigned from the Indiana bar.
Justices split, vacate transfer in class action against car dealership
A divided Indiana Supreme Court decided not to take an appeal after originally granting transfer to a class action brought by angry customers against a Northern Indiana car dealership.
Anthem attorney gets JLAP probation after OWI crash
An attorney for Indianapolis-based Anthem Inc. received a stayed suspension from the Indiana Supreme Court and will undergo a year of substance abuse monitoring after a drunken-driving conviction arising from a property damage car crash nearly two years ago. Jonathan T. Tempel was suspended for 90 days with automatic reinstatement, stayed subject to completion of one year of monitoring by the Judges and Lawyers Assistance Program.
Justices beef up molester’s sentence slashed in prior appeal
A former southern Indiana teacher who repeatedly molested a student from the age of 12 will serve 60 years in prison, the Indiana Supreme Court ruled Friday, discarding an Indiana Court of Appeals ruling that had slashed the man’s sentence from 70 years to 30 years in prison.
Indiana’s struggle with insanity defense mirrors coming SCOTUS case
A case that split the Indiana Supreme Court last December over a criminal defendant’s mental capacity to appreciate the wrongfulness of her actions dovetails into a larger question looming before the U.S. Supreme Court — whether states have to provide laws that allow for an insanity defense.
7-year-old LaPorte manslaughter case marked by misconduct going to trial
A northern Indiana man whose manslaughter case was dismissed due to police and prosecutorial misconduct then reinstated by the state’s high court is scheduled to stand trial beginning next week, nearly seven years after his wife was found shot to death in their home.
Dreyer: Questions and answers with Chief Justice Loretta Rush
The Judicial Nominating Commission in August reappointed Indiana Chief Justice Loretta Rush for another term. It was hardly a surprise. Chief Justice Rush is a special kind of judge. Recently, she took time to reflect on her work and remarkable career.
Indiana Court Decisions – Aug. 15-27, 2019
Read Indiana appellate court decisions from the most recent reporting period.
Rush plans to further initiatives in second term
Ask the justices how they would describe the last five years at the Indiana Supreme Court, and they’ll tell you they’ve seen some changes. There’s been an internal reorganization, a major technology initiative and a national drug crisis to contend with, but they think their institution has successfully charted its path.