Articles

Supreme Court rejects DCS ‘piecemeal litigation’ in CHINS cases

In response to the question of whether the Department of Child Services can file successive CHINS petitions based on evidence available at the time of the original petition — a practice that has drawn ire from the Indiana Court of Appeals — the Indiana Supreme Court has ruled that such a practice is barred. However, the specifics of the case the court addressed Thursday did not require reversal.

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Justices allow seizure, turnover of $60K in alleged drug money

The Indiana Supreme Court has upheld the seizure of $60,000 in cash believed to be drug money, finding the officer who intercepted the parcel holding the cash had probable cause to think the package was related to drug trafficking. The unanimous ruling also upholds the turnover of the cash to the federal government, though it doesn’t address whether the money will be forfeited. The Court of Appeals previously had ruled the seizure was unlawful.

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IBM awarded post-judgment interest to 2017 in long-running dispute

In its second opinion issued in the years-long dispute between Indiana and IBM Corp. over the failed contract to create a new Hoosier welfare system, the Indiana Supreme Court has allowed IBM to collect post-judgment interest on its $49.5 million damages award. However, that interest will date back only to a 2017 judgment on remand, not the original judgment entered in the company’s favor in 2012, and only serves as an offset to the greater sum IBM owes the state.

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Justices uphold $1.3 million judgment for crash victim

A divided Indiana Supreme Court has affirmed an award of $1.3 million to a woman suffering long-lasting injuries resulting from car wreck. The majority held that evidence of a medical expert witness’s professional license status and reasons for his professional discipline may be admissible to challenge his credibility.

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Officials remain tight-lipped about judges’ shooting

Since Clark Circuit Judges Andrew Adams and Bradley Jacobs returned to their southern Indiana homes in mid-May to recuperate from being shot, few updates on their conditions and announcements regarding the prosecution of their case have been provided, leaving some in the community wondering.

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Jailed Fort Wayne attorney gets interim suspension for embezzlement convictions

A Fort Wayne attorney currently serving a six-month embezzlement sentence in federal prison has been suspended from the practice of law in Indiana effective immediately following his felony convictions. The Indiana Supreme Court issued an order of interim suspension against Randall B. Stiles, who was sentenced in March to six months behind bars for two counts of felony bankruptcy fraud and one count of misdemeanor failure to file a tax return.  

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Senior judges may endorse political candidates, JQC says

The Indiana Commission on Judicial Qualifications determined that senior judges may endorse candidates for public office, but retiring judges may not. The commission issued its advisory opinion in response to questions posed about endorsements of candidates for public office by retiring and senior judges.

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Justices reverse, reinstate truck ‘glider kit’ wrongful death case

When does a component-part manufacturer owe no duty, as a matter of law, to install safety features that an injured party alleges are necessary? Indiana Supreme Court justices answered that question Monday, reversing judgment previously entered for a national motor company on a defective design claim after a man was crushed by a semi that had no rearview safety features.

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Indianapolis attorney gets 2-year suspension for client neglect

An Indianapolis attorney with a lengthy disciplinary history has once again been suspended from the practice of law, this time for at least two years after repeatedly neglecting client cases and keeping unearned funds. The discipline divided the Indiana Supreme Court, with two justices believing the attorney’s conduct warranted disbarment.

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Judgment for trooper in motorcycle crash suit reversed

A motorcyclist injured in a crash after he attempted to evade a head-on collision with an oncoming state police trooper’s vehicle will have his day in court after the Indiana Court of Appeals reversed a trial court ruling for the officer.

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Goff discusses path to bench, sentencing reform efforts

Indiana Supreme Court Justice Christopher Goff won the lottery. That’s how he describes his legal career, at least. Goff spoke about his legal and judicial career during a Friday afternoon session at the Indiana State Bar Association Solo/Small Firm Conference, held over the weekend in French Lick.

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Justices hear 3 transfer cases, split over 3 more

Out of 25 cases, the Indiana Supreme Court chose only to hear three on petition to transfer, all of which the justices decided last week. Justices unanimously agreed to deny transfer in most of the cases but split over three cases it ultimately rejected to hear.

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