Justices deny transfer to 2 cases that split COA
The Indiana Supreme Court considered and denied 18 petitions for transfer last week, including two cases that drew concerns from members of the Indiana Court of Appeals.
Indiana Supreme Court
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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.
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.
Justices grant emergency suspension against Lake County attorney
The Indiana Supreme Court Disciplinary Commission has been granted its request to immediately suspend a Lake County medical malpractice attorney for alleged misconduct. The court order did not specify the nature of the complaint against the Schererville lawyer.
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.
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.
Cameras permitted in courts to celebrate National Adoption Day
Hoosier families celebrating adoption later this year will have the chance to commemorate the experience with cameras in the courtroom.
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.
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.
Supreme Court remands drug convictions to eliminate double jeopardy violations
The Indiana Supreme Court remanded a guilty verdict Monday solely to eliminate the remaining double jeopardy violation in a man’s two drug-related convictions. Both convictions were enhanced based on the same evidence of his possession of a single firearm.
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.
Supreme Court justices become ‘potential jurors’ at ISBA panel
The tables were turned on the Indiana Supreme Court justices Friday morning. Instead of being the ones to ask the questions, the five justices were treated as potential jurors during a panel discussion at the Indiana State Bar Association Solo/Small Firm Conference in French Lick.
IPAC chief Powell stepping down in October; successor chosen
A new leader has been selected to head the Indiana Prosecuting Attorneys Council as longtime executive director David Powell announced his retirement from the role Thursday. Powell has been a leading Statehouse voice advocating on criminal law matters for nearly a decade.
Indiana Supreme Court blocks disputed Brownsburg annexation
Brownsburg has lost its final bid to annex nearly 4,500 acres of land after fighting residents who objected all the way to the Indiana Supreme Court. Justices ruled the town “did not satisfy its burden of proving it had met the statutory requirements for annexing the disputed territory.”
Justices: Trucking contract jurisdiction dispute may yield new rules
The Indiana Supreme Court affirmed the dismissal of a Hoosier trucking company’s amended complaint regarding a clause in a driver’s contract, although it found error with the dismissal’s basis on lack of personal jurisdiction. Justices also said this case will prompt consideration of rules so litigants can move to enforce contractual forum-selection clauses.
CLE, fee violations lead to suspension of 144 attorneys
Nearly 145 attorneys have been suspended from the practice of law in Indiana, including national and international practitioners, after they failed to either pay annual fees and/or comply with continuing legal education requirements or both.
Hendricks Judge Freese suspended 45 days over friend’s estate theft
Hendricks Superior Judge Robert W. Freese has been suspended from judicial office without pay for 45 days after appointing a friend as a trustee of an estate case he was presiding over and failing to take action when the friend did not fulfill his duties, resulting in a “massive theft.”
Supreme Court upholds father’s removal as administrator of son’s estate
The Indiana Supreme Court has upheld the removal of a father as the special administrator of his deceased son’s estate, writing that trial courts should hold hearings on special administrator appointments to avoid confusion caused by a “race to the courthouse.”
Divided Supreme Court upholds suppression of child molesting statements
An accused child molester who was not convicted due to a mistrial has won his argument that incriminating statements he made during a police interrogation were rightfully suppressed during trial because he was not read his Miranda warnings.
Justices let stand suppression in drug case, grant transfer in 2 others
Indiana Supreme Court justices agreed to hear two cases on grant of transfer last week, denying one other involving a faulty Muncie controlled drug buy. The three cases were the only matters justices considered on petition to transfer last week.