Indiana Court Decisions — April 25-May 8, 2019
Read Indiana appellate court decisions from the most recent reporting period.
Indiana Supreme Court
Articles
Disciplinary Actions
See who has been suspended and who’s suspension was lifted in the most recent reporting period.
Bedford attorney appointed judge pro tem to fill McCord vacancy
A judge pro tempore has been appointed to replace former Lawrence Circuit Judge Andrea K. McCord following her appointment to the federal judiciary as the newest bankruptcy judge in the Indiana Southern District Court. Serving in McCord’s place as judge pro tempore will be Bedford attorney Nathan G. Nikirk.
IU McKinney announces rural justice judicial clerkships
A second Indiana law school has partnered with the Indiana Supreme Court to expose more students to the practice of law in less urban communities through a rural judicial clerkship program. Indiana University Robert H. McKinney School of Law announced its collaboration with the state’s highest court, introducing five students who will take part in the “Supporting Rural Justice Initiative.”
Misconduct case beginning against AG Hill
A former state Supreme Court justice is set to take up allegations that Indiana Attorney General Curtis Hill committed professional misconduct by groping four women during a party. Former Justice Myra Selby on Monday scheduled a pre-hearing conference for May 22 on the Indiana Supreme Court Disciplinary Commission’s complaint against Hill over the allegations he touched the backs or buttocks of a state lawmaker and three legislative staffers in March 2018.
Judges’ shootings: What happened, and what happens next?
Two Clark County judges are recovering from gunshot wounds after being shot in downtown Indianapolis earlier this month. Meanwhile, two men accused in the shooting have been released from their bonds after the Marion County Prosecutor’s Office declined to file charges.
Supreme Court again hears arguments in fixed-plea sentence modification cases
The Indiana Supreme Court once again granted transfer in two cases dealing with issues of modified fixed-plea sentences, hearing back-to-back oral arguments last week. The arguments come after appellate panels reached differing conclusions.
AG Hill defends pay hikes for top aides
Some top aides to Indiana Attorney General Curtis Hill have seen recent pay hikes of $9,000 or more, but Hill contends they are not rewards for sticking with him as he faces allegations of drunkenly groping four women during a party last year.
Hill denies sexual misconduct in urging dismissal of discipline complaint
Indiana Attorney General Curtis Hill responded to his disciplinary complaint by denying he touched the lawmaker or three legislative aides who have accused him of groping them and making unwanted sexual advances at a party marking the end of the 2018 General Assembly session. He also says the disciplinary complaint against him should be dropped.
Temporary jurists to hear cases as Clark judges recover from shooting
The Indiana Supreme Court has appointed two temporary judges to hear cases in Clark County while two of its circuit court judges recover from a shooting incident that took place in Indianapolis last week.
Lawyer discipline hearing in Park Tudor case could be closed
The attorney facing professional ethics charges over his handling of sexual misconduct accusations against a now-imprisoned former Park Tudor basketball coach will be permitted to provide some evidence under seal, and at least portions of his attorney discipline hearing may be closed to the public.
Majority justices won’t hear more commitment appeals lacking judge’s signature
Indiana Supreme Court justices split over whether to grant transfer in two civil commitment order cases last week but granted transfer in two similar cases in a per curiam opinion that disapproved of a Marion County judge’s practice of permitting a presiding commissioner to sign the orders in his place.
Dismissal of lawyer’s defamation suit against magistrate affirmed
A Lafayette attorney alleging a Tippecanoe County magistrate defamed him by reporting he was carrying a firearm in court in violation of state law lost his appeal of the dismissal of his defamation case when the Indiana Court of Appeals concluded the magistrate was acting within her judicial capacity.
Both wounded judges now in stable condition
Both Clark County judges wounded in a downtown Indianapolis shooting early Wednesday morning are now in stable condition. Clark Circuit Judges Andrew Adams and Bradley Jacobs remain hospitalized after being shot in the parking lot of a downtown Indianapolis White Castle around 3:30 a.m. Wednesday.
Supreme Court dissolves language, remote access task forces, replaces with committees
The Indiana Supreme Court has dissolved two advisory task forces this week and has replaced them with committees that will continue their respective work. Justices concurred on the decision to dissolve the Language Access Task Force and the Advisory Task Force on Remote Access to and Privacy of Electronic Records, according to a Monday order.
Justices grant transfer in one case, deny 23 others
Indiana Supreme Court justices rejected nearly all the cases brought before the high court last week on petition to transfer, granting one case and dividing on two others.
Reversal: Sporting goods store not liable in angry woman’s shooting of boyfriend
A man who brought negligence claims against a sporting goods store that he alleged unlawfully sold a firearm to his girlfriend, who later shot him with it, cannot continue with his complaint after the Indiana Court of Appeals found the store was immune from liability.
Supreme Court: Summarily approved commitment orders not valid
The Indiana Supreme Court has expressly disapproved of a Marion County judge’s practice of summarily approving civil commitment orders individually reviewed by the presiding commissioner, though the justices also noted that the fact that the defendants' commitment orders have expired makes their appeals moot.
COA rules Right to Farm Act does not violate Constitution
A 28-page opinion issued from the Indiana Court of Appeals on April 22 on the state’s Right to Farm Act is being hailed as the best of rulings and the worst of rulings. The case may be appealed to the Indiana Supreme Court.
Web Exclusive: Text message reminders curb failures to appear
In less than a year, the Odyssey Text Messaging Reminder System has sent more than 400,000 text messages to criminal defendants scheduled to appear before in court. Judges say the system, which became available in May 2018 for any interested Indiana county, has reduced the number of litigants missing court dates.