Indiana Court Decisions — Jan. 18-30, 2019
Read Indiana appellate court decisions from the most recent reporting period.
Indiana Supreme Court
Articles
Former Carroll Co. judge named Clinton Co. judge pro tem
A former Carroll County judge has been appointed to oversee the Clinton Superior Court while the sitting judge is deployed on military duty.
Judiciary chiefs, legal leaders offer women in the law advice
A recent discussion highlighted women judicial leaders and lawyers working in both state and federal law, giving them the opportunity to share their struggles and advice for young female barristers striving to advance in their legal careers.
Pursuit of happiness can’t blunt man’s marijuana conviction
A man arrested for smoking a blunt in Indianapolis failed to convince the Indiana Court of Appeals that his misdemeanor conviction violated his constitutional rights to liberty and the pursuit of happiness. The appeal also raised the issue of the Hoosier State now being among a minority of states that have yet to legalize marijuana in some form.
Senior judge to serve as Lake Superior pro tempore
A retired Porter County judge will begin serving as a judge pro tempore in the Lake Superior Court, Civil Division 4 after the sitting judge transfers next week.
Hendricks Judge Freese faces discipline charges
A Hendricks County judge and former leader of the Indiana Judges Association is facing disciplinary charges stemming from allegations that he appointed a friend as trustee of an estate case, then failed to take prompt action upon learning that the man was not fulfilling his duties and was possibly stealing from the trust.
Split justices uphold ruling for insurer in truck crash that killed 3
Justices of the Indiana Supreme Court decided in a 3-2 vote last week to let stand a ruling that an insurance company owes no duty to victims of a truck crash in which the driver knowingly operated the vehicle with faulty brakes.
Justices grapple with refiling of similar CHINS case
As Indiana’s executive and legislative branches work to implement reforms in the Department of Child Services and boost funding, the judicial branch is also reviewing the department in a case that could decide whether child welfare cases are subject to res judicata.
Public Defender Commission seeks funds for misdemeanors, appellate office
Guided by a task force report that calls for major reforms to Indiana’s indigent defense system, the Indiana Public Defender Commission is seeking additional funds in the state’s next biennial budget to improve defense services for indigent clients.
Justices: Drive-away driver properly classified as contractor
A “middleman” business that matches drivers with customers needing drive-away services properly classified one of its drivers as an independent contractor instead of an employee, the Indiana Supreme Court ruled in an opinion meant to resolve a conflict between two lower court rulings.
Justices to hear ‘piecemeal’ CHINS litigation, auto part supply cases
Indiana Supreme Court justices will hear oral argument in two cases this week, including a dispute over “piecemeal” litigation in a children in need of services case and an auto assembly supply dispute coming before the court on petition to transfer.
Justices agree to hear Rainbow Realty rent-to-own dispute
The Indiana Supreme Court granted transfer to two cases last week, including a rent-to-own contract dispute that Indiana Legal Services claims could adversely impact Hoosier tenants across the state if not reviewed by the high court.
Indiana Court Decisions — Jan. 3-17, 2019
Read Indiana appellate court decisions from the most recent reporting period.
Disciplinary Actions
See who has been disbarred or suspended during the most recent reporting period.
Bill proposes notice for trains blocking crossings 10 minutes
After the Indiana Supreme Court struck down a state law allowing railroads to be fined for lengthy blockages of train crossings, legislation filed in the 2019 General Assembly seeks another avenue of relief for Hoosier motorists held up by trains, especially motorists driving emergency responders.
Rush stresses ‘customer service’ during 2019 State of the Judiciary
With a theme of “Addressing the Needs of our Customers,” Indiana courts plan to emphasize quality customer service in 2019, Chief Justice Loretta Rush said in her State of the Judiciary address.
Recovery home founder gets early prison release in drug case after SCOTIN review
The founder of a drug recovery home for women in southern Indiana has been released from prison just weeks after the state’s high court revised her original 30-year drug-related sentence. Lisa Livingston was released Wednesday from Rockville Correctional Facility after serving nine months.
Plainfield attorney suspended with JLAP probation
A Plainfield attorney has been suspended for at least 180 days with two years of probation monitored by the Judges and Lawyers Assistance Program after he accepted retainers from several clients but failed to adequately communicate with or appropriately advance their cases.
Scott Circuit judge to resume his duties
The Scott Circuit judge will return to the bench after his monthlong stretch of temporarily being unable to perform his duties.
Rush addresses needs of court ‘customers’ in State of the Judiciary
With applause amplified from all corners of the Indiana General Assembly’s House Chamber, the leader of the Indiana Supreme Court declared that the state judiciary is “sound, steady and strong” in 2019.