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.
Indiana Supreme Court
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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.
Indiana man whose murder conviction was overturned sues authorities
A man whose murder conviction was overturned in 2017 by the Indiana Supreme Court after he served more than two decades in prison is suing authorities involved in the case. The federal lawsuit filed by 39-year-old Trondo Humphrey names Madison County Prosecutor Rodney Cummings and others.
Justices grapple with statute of limitations language during oral arguments
A case involving a brownfield cleanup and a question of when a claim for recovery of costs can be brought met a skeptical Indiana Supreme Court Thursday, when the justices quizzed both sides on the meaning and implication of the state’s Environmental Legal Action statute.
Lake Michigan shoreline bills advance in Indiana Senate
Two pieces of legislation that would define public and recreational use of Lake Michigan’s shores and give jurisdiction of seawalls, beach grooming and land walls to the Indiana Department of Natural Resources have made advances in the Indiana Senate this week.
Reversal: No heirs needed for estate to pursue survivor damages
The personal estate of a woman whose husband died intestate without heirs and while litigating a wrongful death suit could be able to claim survivor damages after the Indiana Supreme Court granted transfer to the estate's case and overturned two lower courts.
State, IBM spar over damages during Supreme Court oral arguments
It’s been roughly nine years since a hard-fought legal battle over the creation of a new Hoosier welfare system ensued between the state of Indiana and IBM Corp. And on Thursday, the long-lasting litigation returned to the Indiana Supreme Court, which this time must answer a multi-million-dollar damages question.
Senior judge appointed to temporarily replace retiring Posey County jurist
A senior judge has been appointed to continue operations in a Posey County court once the sitting judge retires from the bench next week. Robert R. Aylsworth will temporarily serve on the Posey Superior Court bench as a senior judge, effective March 1.
David, Goff publish dissent after justices let stand parents’ reimbursement order
Two Indiana Supreme Court justices have once again published a dissent from a 3-2 transfer ruling, which this time let stand a monthly reimbursement order for the parents of an adjudicated teen despite their alleged struggle to meet the payment requirements. Justices Steven David and Christopher Goff argued the trial court should have conducted a specific inquiry into the parents’ ability to pay the ordered reimbursement.
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.
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.