Indiana Court Decisions – Aug. 15-27, 2019
Read Indiana appellate court decisions from the most recent reporting period.
Indiana Supreme Court
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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.
Supreme Court hosting e-filing celebration Wednesday
To celebrate the conclusion of a years-long rollout of electronic filing in all 92 Indiana counties, a statewide e-filing celebration will be hosted by the Indiana Supreme Court to mark the milestone. The celebration will take place at 12 p.m. Wednesday in the Sullivan County Courthouse.
Transfer granted in case involving solicitation agreements
The Indiana Supreme Court will hear oral arguments in a case involving a noncompete and solicitation agreement ruled to be overly broad.
State public defender Stephen Owens retiring in December
After more than eight years in office, Indiana Public Defender Stephen Owens will retire at the end of 2019.
Res judicata clarification allows CHINS finding to stand
In granting a petition on rehearing, the Indiana Court of Appeals reversed its earlier ruling and allowed the Department of Child Services to move forward with a new child in need of services petition even though the filing relied on allegations made in a previous CHINS petition that had been overturned.
One of five suspensions lifted for Fort Wayne attorney
A Fort Wayne attorney’s suspension for noncooperation has been lifted, but Indiana Supreme Court justices say his remaining suspensions in several other cases will remain in effect.
Muncie attorney gets 180-day suspension
A Muncie attorney previously convicted of drunken driving charges has been suspended from the practice of law for 180 days without automatic reinstatement for his professional misconduct, including his failure to reimburse lienholders, obtain consent from clients with conflicts of interest and give notice of his felony conviction.
Supreme Court suspends Indianapolis attorney for noncooperation
A suspended Indianapolis attorney has been hit with another order suspending him from the practice of law effective immediately for his noncooperation with the disciplinary commission’s investigation against him.
Justices grant transfer, allow PCR case from second appeal
A man convicted of murder may proceed in his second pursuit of post-conviction relief now that the Indiana Supreme Court has concluded his petition addressed only the grounds arising from his second appeal and was therefore not considered a second or successive petition.
Rush reappointed with unanimous support from JNC, justices
Indiana Chief Justice Loretta Rush will serve a second term as head of the Hoosier judiciary after a unanimous reappointment vote Wednesday from the Judicial Nominating Commission.
Indiana Court decisions – Aug. 1-14, 2019
Read Indiana appellate court decisions from the most recent reporting period.
Indiana AG asks high court to take up Munster Schools retirement pay dispute
Indiana’s attorney general is turning to the state’s high court in his battle to force two retired school superintendents to repay hundreds of thousands of dollars. Attorney General Curtis Hill recently filed a petition asking the Indiana Supreme Court to accept transfer of his civil lawsuit against former School Town of Munster superintendents William Pfister and Richard Sopko.
Justices reprimand lawyer who failed to file appeal
A suspended Fort Wayne attorney who previously failed to timely file a client’s appeal with a federal agency, ultimately leading to the claim’s dismissal after another attorney unsuccessfully tried to remedy the timeliness issue, has been publicly reprimanded by the Indiana Supreme Court.
Justices deny transfer to murderer, parents’ appeals
Indiana Supreme Court justices unanimously denied transfer to more than 20 cases last week, including appeals from a man who is serving 70 years behind bars for murdering his girlfriend and from parents who claim medical care providers failed to properly treat their infant daughter.
Last Indiana county open for voluntary e-filing
Electronic filing is available in each of Indiana’s 92 counties now that Sullivan County rolled out voluntary e-filing this month. Sullivan Circuit and Superior Courts were the last to make the e-filing transition across Indiana’s 92 counties, implementing voluntary e-filing Friday and concluding the statewide rollout in county courts.
Justices affirm parental rights for homeless mother of six
A mother who fought to be reunited with her six minor children secured the Indiana Supreme Court’s favor after justices unanimously affirmed a finding that the termination of her parental rights due to her homelessness was not in the children’s best interests.
Justices reject wrongful death claims against IPS in student’s murder
The estate of a murdered teenage boy could not convince the Indiana Supreme Court that his school was negligent for his death. Instead, justices found the estate’s claims to be barred under contributory negligence law.
Justices: Decades-old rule in fixed plea modifications still stands
In upholding a decades-old rule recently codified through a legislative amendment, the Indiana Supreme Court has ruled in companion cases that trial courts can only modify a sentence entered as part of a fixed-plea agreement if the modified sentence would not have violated the plea agreement at the time the sentence was originally imposed.
Supreme Court upholds convictions, LWOP sentence against triple murderer
A man convicted of a northern Indiana triple slaying will continue to serve a life sentence after the Indiana Supreme Court rejected his challenges to his convictions and sentence.