Indiana Court decisions – April 11-24, 2019
Read Indiana appellate court decisions from the most recent reporting period.
Indiana Supreme Court
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Another suspension for Decatur lawyer jailed for forgery, counterfeiting
The Indiana Supreme Court has again suspended a Decatur attorney from the practice of law in Indiana following a finding of her guilt for committing two felonies.
Former Justice Selby to hear AG Hill’s discipline case
The Indiana Supreme Court has appointed a former justice to oversee the disciplinary case against Attorney General Curtis Hill, rejecting Hill’s motion to forgo a hearing officer but also rejecting a Disciplinary Commission motion to appoint a three-person panel to hear the case.
Mom’s credit-restricted felon classification removed from molesting sentence
A woman who received a maximum sentence and classification as a credit-restricted felon for molesting her son was granted her request to have that classification removed from her sentence Thursday.
Justices consider whether Skype appearance violated juveniles’ rights
Indiana Supreme Court justices heard arguments in two consolidated and procedurally identical cases Thursday, questioning whether two juveniles who appeared at disposition modification hearings via Skype were denied their rights to be present.
February bar pass rate jumps to 50 percent after appeals
As predicted, the February 2019 bar exam results rose after the appeals process, but the overall passage rate of 50 percent is still the lowest in at least the past 17 years.
Drug conviction affirmed, but judge frets over possible race bias
A drug dealing conviction that followed the exclusion of the lone African-American from the pool of potential jurors was affirmed Thursday, but a judge expressed concern about how the defendant’s objection was handled in Fayette Circuit Court.
5th Amendment smartphone privacy case goes before Supreme Court
It began in July 2017, when Katelin Seo was arrested on stalking-related charges and ordered to unlock her cellphone as part of the criminal investigation. Seo refused, invoking her Fifth Amendment right against self-incrimination, and a flurry of constitutional and technology-related questions ensued.
Justices grant transfer in 2 fixed-sentence modification cases
The Indiana Supreme Court has agreed to hear argument in two cases with similar scenarios concerning the trial court’s ability to modify fixed-sentence plea agreements.
Divided COA rules for insurer who posted STD tests online
A woman fighting for her marriage failed to convince a divided appellate panel that her insurance company ruined her chances of reconciling the relationship when it posted a list of her recent STD testing to its web portal.
Indiana Court Decisions: March 28-April 10, 2019
Read Indiana appellate court decisions from the most recent reporting period.
‘Tweaks’ proposed to Indiana Child Support Guidelines
Proposed revisions to the Indiana Child Support Guidelines are currently open for comment. The guidelines are reviewed every four years in accordance with federal law, and attorneys described the proposals as tweaks and adjustments to align the courts with the ongoing evolution of family structures.
Porter, Lake County attorneys suspended for noncooperation
Two Hoosier attorneys from northwest Indiana have been suspended from the practice of law in the State of Indiana for noncooperation with disciplinary commission investigations of complaints against them.
Former Carroll jurist certified as senior judge
The Indiana Judicial Nominating Commission has certified a new senior judge to serve in Indiana’s trial courts.
Report: Lawyers’ pro bono activity increases in Indiana
Pro bono activity is increasing among Indiana attorneys, with more than half of all non-exempt lawyers licensed in the state contributing time, money or both, according to a report released Friday by the Indiana Supreme Court.
Carmel attorney gets 90-day suspension for disobeying court order
An attorney with a history of financial hardships already under suspension for failing to pay her dues has been suspended from the practice of law in Indiana for 90 days with automatic reinstatement.
Justices hear probable cause questions in case of $60K seized cash
Questions of whether probable cause existed for law enforcement to seize more than $60,000 in cash from a FedEx package were heard before the Indiana Supreme Court on Thursday, with an attorney for the state urging justices to overturn recent precedent to allow the seizure.
Low February bar pass rate likely to get post-appeal bump
As the Indiana legal profession begins to draw conclusions from the February 2019 bar exam results in which fewer than half of test-takers passed, it might want to keep in mind Yogi Berra’s observation: It ain’t over till it’s over.
February bar passage rate falls below 50 percent
Indiana’s February bar exam results continued their downward slide with the 2019 overall pass rate dropping to 45 percent, the lowest rate recorded in the past 17 years, according to results released Monday.
Pulaski County launches 100th Hoosier problem-solving court
Indiana’s court system is now home to 100 problem-solving courts, the Indiana Supreme Court announced Monday. A veterans treatment court was recently certified in Pulaski County, marking the 100th problem-solving court to be certified in the Hoosier state.