Rush again urges $1 million boost to civil legal aid
The Indiana Supreme Court made its case to the Legislature again this week for an additional $1 million in the state’s next biennial budget to support Hoosier civil legal aid.
Indiana Supreme Court
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Venue transfer arguments face justices’ scrutiny
In back-to-back oral arguments, the Indiana Supreme Court considered whether to grant transfer in two medical malpractice cases seemingly in conflict with each other. The debate: whether Indiana Code § 23-0.5-4-12 is a validly enacted statute or a nullity under the Supreme Court’s interpretation of Trial Rule 75(A)(4) regarding venue.
Justices grant transfer in three juvenile, young adult cases
The Indiana Supreme Court chose to grant transfer to three cases during the past week, including commitments to the Indiana Department of Corrections. The court also granted transfer and decided a case granting relief to a deported “Dreamer.”
Bill allowing community corrections to revoke credit time advances
An Indiana Supreme Court ruling that directors of community corrections programs are unauthorized to revoke good time credit would be sidestepped under a bill advancing in the Statehouse that would enable directors to make such revocations.
Bill allowing e-filing service passes House, Senate
Attorneys tired of filing services of notice by snail mail are closer to the option of doing so electronically, now that both bodies of the Indiana Legislature have approved a measure that would do so.
Justices: Admission of warrantless cell location data was harmless
Even though law enforcement conducted a warrantless Fourth Amendment search when they accessed of a man’s cellphone location data, the admission of the data does not warrant a new trial because any error was harmless beyond a reasonable doubt, the Indiana Supreme Court ruled Friday, upholding a man’s four convictions in a case heard on remand from the U.S. Supreme Court.
Rent-to-buy contract argued before Indiana Supreme Court
A dispute that could have a far-reaching impact on the sizable rent-to-own housing market in the Hoosier state was presented to the Indiana Supreme Court on Thursday morning with attorneys arguing over the nature of the rent-to-own contract.
Majority justices grant PCR to ‘Dreamer;’ dissent calls ruling ‘bridge too far’
A Mexican immigrant who was living in the United States under the Deferred Action on Childhood Arrivals policy and who was deported after pleading guilty to misdemeanor charges has won relief from the Indiana Supreme Court, which overturned the denial of post-conviction relief in a divided opinion Tuesday.
Justices grant transfer in 2 cases, deny legal malpractice case
The Indiana Supreme Court has agreed to consider two cases involving seized cash and an extended protective order while also denying transfer to a legal malpractice case resolved in favor of a Bloomington attorney.
Web exclusive: Maurer 1L judicial clerkships offer legal aid to rural judges
Five first-year law students from Indiana University Maurer School of Law who are interested in careers in public service have been selected and paired with Indiana trial court judges who preside in smaller communities — specifically, Orange, Putnam, Vigo, Washington and White counties. The pilot’s ultimate goal: offering law students an opportunity to experience real-life practice in smaller communities while assisting Hoosier judges who might be overlooked by students who want to clerk in larger urban areas.
Stafford: Indiana’s high court gets just reward in 9-0 rebuff
Take your pick from the political spectrum: Justices Ruth Bader Ginsburg and Clarence Thomas each wrote eloquently in rejecting the Indiana Supreme Court’s tortured logic in an extreme civil forfeiture case. Thank goodness.
Indiana Court Decisions — Feb. 14-27, 2019
Read Indiana appellate court decisions from the most recent reporting period.
Charlestown residents challenging sale of water utility
A group of residents from Charlestown is challenging the sale of the local water utility to Indiana-American Water, a transaction that comes with a $13.4 million price tag. Charlestown officials say the sale will improve the local water quality in the long run while mitigating rate increases, but the challenging residents claim the opposite.
SCOTUS decision in Timbs civil forfeiture case just a start
The US Supreme Court decision in a landmark Indiana civil forfeiture case ruled that the Eighth Amendment Excessive Fines Clause is incorporated to the states, but Justice Ruth Bader Ginsburg’s opinion declined to answer one key question: When does the Eighth Amendment prohibit civil forfeiture?
Officer’s reasonable suspicion sufficient in speeding stop, justices rule
A man challenging the propriety of his traffic stop for speeding under both the United States and Indiana Constitutions failed to convince Indiana Supreme Court justices Wednesday that the officer who conducted the stop should have documented the speed. Justices ruled that the officer had reasonable suspicion to stop him.
Justices halt removal of Yorktown clerk-treasurer from office
Efforts to forcibly remove a Yorktown clerk-treasurer from her elected office faced a setback Wednesday when the Indiana Supreme Court affirmed a trial court’s decision finding the officer’s failure to keep track of town finances did not result in a general failure to perform her official duties.
Supreme Court rules for Alabama death row inmate
The US Supreme Court is ordering a new state court hearing to determine whether an Alabama death row inmate is so affected by dementia that he can’t be executed.
Justices grant 1 transfer, deny 26 others
The Indiana Supreme Court considered petitions to transfer in 27 cases during the past week, granting just one, which also was decided last week.
Lake Michigan public use bill advances to Indiana House
A bill establishing in state law the permitted public uses of the shore of Lake Michigan passed the Indiana Senate on Monday and now moves to the House for consideration.
ICLEO 2019 application deadline draws near
The deadline to apply for the Indiana Conference for Legal Education Opportunity program is quickly approaching. Those interested in the six-week summer institute must apply this week.