Indiana Court Decisions – Sept. 12–25, 2019
Read Indiana appellate decisions from the most recent reporting period.
Indiana Supreme Court
Articles
New SCOTUS word limits sharpen focus on writing
In a change effective July 1, the U.S. Supreme Court reduced the number of words litigants and friends can use in their submissions. The word limit for briefs on the merits of the case was slashed by 2,000 to 13,000. Also, amicus briefs were slimmed down to 8,000 from 9,000, although briefs from some entities such as federal agencies and state attorneys general were exempted from the reduction.
Counties prepare for pretrial release reform
As 2019 draws to a close, judicial officials across Indiana are preparing for a change coming Jan. 1. On that day, Criminal Rule 26, which dictates new pretrial release protocols, will be effective statewide.
Video hearings did not result in unfair or harmful juvenile proceedings
Two juveniles will remain wards of the Indiana Department of Correction after the Indiana Supreme Court found that while their participation in their modification hearings through Skype violated an administrative rule, it did not cause a fundamental error.
Supreme Court announces protection order e-filing service
Individuals in need of a protective order can now request one online without having to leave a safe space to visit the courthouse. The Indiana Supreme Court announced Tuesday its new protection order e-filing service, which enables those who need a protection order to request one wherever they have access to the internet.
Justices to hear arguments in 5 cases, decline nearly 40 others
Indiana Supreme Court justices granted transfer to five cases last week, declining review of nearly 40 others.
City courts finishing e-filing rollout
Electronic filing is now available in the Lake County Hobart City Court, one of just a handful of city courts finishing out the e-filing rollout.
Muncie attorney reinstated after lengthy suspension
A Muncie attorney who was suspended for at least three years without reinstatement for numerous professional misconduct violations has been granted his petition to practice law again, but with conditions.
Plaintiffs in RTFA dispute ask Indiana Supreme Court for review
Neighbors to an 8,000-head hog farm are asking the Indiana Supreme Court for relief, arguing Indiana’s Right to Farm Act does not give blanket immunity to all negligence and trespass claims. Martin Richard and Janet Himsel and Robert and Susan Lannon have filed a petition to transfer their complaint over a concentrated animal feeding operation near their farms in Hendricks County.
Summit to address pretrial release practices as bail reform looms
Representatives from all 92 Indiana counties will gather in Indianapolis next week for a team-based training event on pretrial release practices in criminal cases.
Attorney who brought body cam, knife to court cleared of misconduct allegations
A Martinsville attorney who tried to intervene in a CHINS case and wore a body camera into the courtroom has been cleared of ethical wrongdoing after the Indiana Supreme Court concluded he did not engage in professional misconduct.
Supreme Court amends trial procedure rules
New language concerning summonses and service of petitions for protective order cases were included in recent amendments to the Indiana Rules of Trial Procedure.
Justices approve 2020 jury pool master list
Indiana Supreme Court justices have approved the 2020 master list for jury pool assembly, reminding courts not to seek data from the Bureau of Motor Vehicles.
Chief Justice Rush delves into judiciary’s annual report
Situated at the head of a table in the Indiana Supreme Court’s law library, Chief Justice Loretta Rush shared her thoughts Wednesday on the judiciary’s recently released annual report.
City ‘full speed ahead’ on Oaktree apartments demolition
Indianapolis officials said Wednesday they expect to move forward with demolishing a blighted northeast-side apartment complex, after the owner of the property failed to request a last-ditch hearing by the state’s high court.
Blickman testifies in his discipline hearing linked to Park Tudor scandal
The attorney disciplinary hearing against prominent employment lawyer Michael Blickman continued Wednesday, with the defense beginning its presentation with testimony from Blickman himself.
Transfer dissent: Justices should ‘clear up uncertainty’ about disclosure of private information
Indiana Chief Justice Loretta Rush has penned a dissent to the denial of transfer to a case involving public disclosure of private health information, calling the transfer decision a missed opportunity “to clear up uncertainty” regarding whether disclosure is actionable.
Suspended lawyer facing theft counts in 4 counties wanted again
The suspended Greenwood lawyer accused of stealing hundreds of thousands of dollars from disabled and special-needs clients is again facing a warrant for his arrest, this time for failing to appear as ordered at a hearing in one of the multiple felony theft cases he faces.
Justices order new drunken driving trial after possible juror bias
A woman convicted on a drunken driving charge will get a new trial after the Indiana Supreme Court unanimously threw out her conviction on Friday. The justices remanded the Marion County case because the trial court did not hold a hearing to determine whether the defendant could have challenged a selected juror who later admitted that a family member had been killed by a drunken driver.
Supreme Court releases 2019 annual report
The Indiana Supreme Court has released its annual report, revealing details from the 870 cases it reviewed during the past fiscal year, as well updates on its attempts to address Indiana’s opioid crisis, and its milestones of certifying 100 problem-solving courts and wrapping up the rollout of statewide electronic filing.