Indiana Court Decisions — May 9–21, 2019
Read Indiana appellate court decisions from the most recent reporting period.
Indiana Supreme Court
Articles
New lawyers advised they cannot achieve success by themselves
As the newest group of Indiana attorneys raised their right hands and took their admission oaths May 14, they were reminded that just as they needed to achieve this success, they will continue throughout their careers to need a little help from their friends.
Hearing officer Selby sets Hill’s disciplinary case for October
The formal attorney discipline hearing against Indiana Attorney General Curtis Hill will likely be held in late October, according to former Indiana Supreme Court Justice Myra Selby, the hearing officer in his legal ethics case over accusations of sexual misconduct.
Civil commitment laws shifting across states
While Indiana justices recently stressed the great public importance of proper adjudication of soaring mental health filings, states across the country are dealing with rising caseloads in no uniform way.
Gary lawsuit against gun makers may proceed, COA rules
A unanimous appellate panel has revived the city of Gary’s lawsuit against 10 handgun manufacturers, enabling the municipality to survive the Indiana General Assembly’s attempt to derail the legal action by amending the state’s Immunity Statute in 2015.
Justices: No error in admitted post-arrest, pre-Miranda silence
Indiana Supreme Court justices have affirmed a trial court’s admission of a man’s post-arrest silence before he was read his Miranda rights, finding he opened the door of evidence and that no fundamental error existed.
AG Hill’s disciplinary case to be heard in October
The formal attorney discipline hearing against Indiana Attorney General Curtis Hill will likely be held in late October. Hearing officer and former Indiana Supreme Court Justice Myra Selby set tentative dates at a pre-hearing conference Wednesday.
Pre-hearing conference in AG Hill’s discipline case to be public
A pre-hearing conference in the attorney discipline case against Indiana Attorney General Curtis Hill will be open to the public, despite Hill’s specific request that the hearing Wednesday be closed to the public and press.
Woman’s murder conviction vacated for ineffective counsel
A woman with a history of mental illness who was convicted in 2002 of murdering her boyfriend after testifying the she heard a voice telling her she was the Messiah has won her federal habeas case asserting ineffective assistance of counsel. She will be freed unless the state opts within 120 days to retry her.
Pilot commercial courts to become permanent
Indiana’s pilot commercial courts will become a permanent part of the Hoosier judiciary next month. The six specialized dockets around the state will remain where they are, with some rule amendments.
Amended rule broadens judges’ discretion with pro se litigants
The Indiana Supreme Court has amended Code of Judicial Conduct Rule 2.2 dealing with the impartiality and fairness of Indiana judges.
Justices affirm $176K award of fees to Lake Superior Court judges
Indiana Supreme Court justices affirmed a special judge’s ruling that 14 Lake Superior Court judges are entitled to recover nearly $176,500 to pay court staff, ending a two-year dispute.
Fired Hamilton County magistrate judge pleads not guilty to meth charge
A fired suburban Indianapolis magistrate judge has pleaded not guilty to felony possession of methamphetamine.
Attorney charged with intimidation gets disability suspension
An attorney who was suspended from the practice of law earlier this year for telling a Marion County court that someone was “going to die” has been suspended from practicing law effective immediately due to disability.
COA rejects covered bridge arsonist’s insanity defense
A man who set two Indiana covered bridges ablaze and almost burned down a third lost his insanity defense appeal after the Indiana Court of Appeals concluded he was legally sane at the time of the crimes.
Justices reject marijuana ‘pursuit of happiness’ appeal
The state’s high court will not partake in arguments that laws criminalizing marijuana violated a man’s right to the pursuit of happiness, snuffing out his challenge to Indiana’s pot prohibition.
New lawyers advised they cannot achieve success by themselves
As the newest group of Indiana attorneys raised their right hands and took their admission oaths Tuesday, they were reminded that just as they needed to achieve this success, they will continue through their careers to need a little help from their friends. The 120 individuals who passed the February 2019 Indiana Bar Exam were admitted to the Indiana Supreme Court as well as the Northern and Southern Indiana District Courts.
Justices to hear murdered student’s wrongful death, denied TPR cases
More than 50 cases were denied transfer last week, but Indiana Supreme Court justices agreed to hear arguments in two cases involving a teen’s murder and a reversed denial to terminate a mother’s parental rights.
Indiana Court Decisions — April 25-May 8, 2019
Read Indiana appellate court decisions from the most recent reporting period.
Disciplinary Actions
See who has been suspended and who’s suspension was lifted in the most recent reporting period.