Justices deny transfer in 23 cases, splitting on 3
The Indiana Supreme Court denied 23 transfer requests last week, splitting on three of those cases.
Indiana Supreme Court
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In 9-0 ruling, SCOTUS rejects Indiana excessive civil forfeiture
The Eighth Amendment’s protection against excessive fines has been incorporated to the states via the 14th Amendment, the Supreme Court of the United States has unanimously ruled in deciding an Indiana civil forfeiture case that posed the question.
SCOTUS rejects appeal of Lake Michigan public access case
The Supreme Court of the United States will not hear an appeal that sought to restrict public access to the Indiana shore of Lake Michigan. Justices let stand an Indiana Supreme Court decision that found a public access right to the state’s 45 miles of Great Lakes beaches.
Indiana Court Decisions — Jan. 31-Feb. 13, 2019
Read Indiana appellate decisions from the most recent reporting period.
Supreme Court deciding commercial courts’ fate
After a nearly 3-year pilot project, the specialized dockets in six Indiana counties are getting positive feedback from litigants in business disputes.
Justices consider timeliness of breach of contract complaint
A timeliness dispute between a dump truck manufacturer and one of its customers focusing on when causes of action accrued in the case went before the Indiana Supreme Court for oral arguments late last week.
Lawyer reprimanded for unknowingly representing co-defendants in separate cases
The Indiana Supreme Court has publicly reprimanded a Terre Haute attorney who failed to realize he had agreed to separately represent two co-defendants, leading to his representation of both defendants in a matter in which one defendant wanted to testify against the other.
Longtime Warsaw attorney resigns amid misconduct allegations
A Warsaw attorney with nearly 50 years’ experience has resigned from the Indiana bar after facing an investigation by the Indiana Supreme Court Disciplinary Commission.
Decatur lawyer convicted of forgery, counterfeiting suspended again
A Decatur lawyer sentenced to nearly nine months for forgery and counterfeiting convictions and disciplined five separate times last year has again been indefinitely suspended from the practice of law in Indiana for noncooperation. The Indiana Supreme Court indefinitely suspended Jill N. Holtzclaw on Thursday, effective immediately.
Justices consider admissibility of disciplinary history of medical expert
Indiana Supreme Court justices heard oral argument Thursday in a minor fender bender case that resulted in a $1.3 million verdict, considering whether questions regarding a medical expert witness’ disciplinary history and competence should have been admitted.
Bar exam review commission opens meetings to public
A 14-member study commission appointed to review the Indiana Bar Exam in light of the ongoing decline in passage rates will hold a series of 10 monthly meetings, all open to the public, at the Indiana Statehouse beginning next week.
David, Rush publish dissent as high court lets stand sentencing via video
Indiana’s chief justice and the most senior jurist on the Indiana Supreme Court published a sharp dissent Tuesday from a 3-2 ruling that could pave the way for defendants to be sentenced via video. Chief Justice Loretta Rush and Justice Steven David argued in the minority that defendants have a constitutional right to be physically present when a judge imposes a sentence for a crime.
Tenure requirement waived to certify St. Joseph senior judge
The Indiana Judicial Nominating Commission has waived certain criteria in the certification of a new senior judge, finding ‘exceptional circumstances’ existed to warrant the waiver.
Lake Michigan public access bill advances; SCOTUS to confer on appeal
A bill that defines the shore of Lake Michigan as belonging to the public and spells out public recreational uses of the shoreline has moved to the full Indiana Senate. Meanwhile, a petition seeking to privatize Indiana’s Great Lakes beaches will be before justices of the Supreme Court of the United States this week.
Five more senior judges certified, re-certified for 2019
The Indiana Supreme Court has certified and re-certified an additional five judicial officers as senior judges for 2019.
Judicial clerkship pilot to expose Maurer 1Ls to rural practice
The Indiana University Maurer School of Law and the Indiana Supreme Court have announced a pilot program in which up to five 1L students committed to public service will work with judges throughout the state.
State, national groups support Indiana public defense reform
Leaders of state and national criminal justice organizations are declaring their support for the Indiana Public Defender Commission’s reform initiative, which the commission is presenting to the Indiana General Assembly this year in an effort to secure additional funds to expand and improve indigent defense services statewide.
Supreme Court warns against city, town court judges assuming role of prosecutor
A word of discretion was offered to judicial officers Monday when Indiana Supreme Court justices condemned the impropriety of assuming a prosecutor’s duties, a message shared in a disciplinary opinion elaborating on the judicial ban of a former New Haven City Court judge.
Indiana Court Decisions — Jan. 18-30, 2019
Read Indiana appellate court decisions from the most recent reporting period.
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.