Indiana Supreme Court - The Indiana Lawyer

Justices send dismissed post-conviction case back to COA

November 19, 2018

The Indiana Court of Appeals errantly dismissed a man’s post-conviction relief case, the Indiana Supreme Court ruled, reinstating the man’s case last week and remanding it to the lower appellate court. Justices on Tuesday granted transfer in Kenny Green v. State of Indiana, 18S-PC-562, for the purpose of reinstating Green’s PCR case in the Indiana Court of Appeals with instructions to establish a briefing schedule for review of his appeal on the merits.

Justices to hear estate dispute, probation revocation case

November 19, 2018

The justices of the Indiana Supreme Court will hear two oral arguments Tuesday, starting with a case involving the appointment of a special administrator to an unsupervised Marion County estate.

Justices to hear appeal in northern Indiana triple-murder

November 19, 2018

Indiana’s high court is taking up the appeal of a man sentenced to life in prison without parole for the stabbing deaths of three people in northwestern Indiana.

Attorney convicted of cocaine charge suspended 3 years

November 16, 2018

A Marion attorney already under interim and administrative suspensions has been suspended from the practice of law for at least three years for professional misconduct, including her continual abuse of cocaine.

Indiana Court decisions – Oct. 25-Nov. 7, 2018

November 13, 2018

Read Indiana appellate decisions from the most recent reporting period.

Professor: Regulation of lawyer speech undermines judiciary

November 12, 2018

Legal professionals work within the Rules of Professional Conduct, so they don’t want to make any comments that might be perceived as unduly critical of others in the profession — a profession built largely on respect and civility. But according to an Indiana University Robert H. McKinney School of Law professor, the unease surrounding Rule 8.2(a) is not a matter of respect, but rather a matter of lawyer fear.

Divided justices deny child murderer death penalty relief

November 7, 2018

The Indiana Supreme Court has upheld the denial of post-conviction relief for a convicted child murderer and arsonist sentenced to death, finding that while the man’s counsel did make mistakes, those mistakes did not rise to the Strickland level of deficient performance. However, Chief Justice Loretta Rush dissented and would have allowed the case to proceed to a new penalty phase.

Justices won’t hear beagle death case against DNR

November 5, 2018

Indiana Supreme Court justices declined to hear a case in which a woman sued the Department of Natural Resources after her pet beagle was killed by a concealed raccoon trap at Versailles State Park.

Justices hear NIPSCO industrial users’ rate hike appeal

November 2, 2018

The Indiana Supreme Court heard oral argument Thursday morning on a utility rate increase case, hearing a northern Indiana utility industrial group’s appeal over whether a reversal of the Indiana Utility Regulatory Commission’s application of its own settlement orders conflicted with a prior settlement.

Justices: Mineral-rich property transfers improper in trust case

November 2, 2018

A bitter dispute between stepsiblings — including a woman who was written out of her inheritance of mineral-rich property — has resulted in the Indiana Supreme Court ruling that a decades-old transfer of the land to her stepbrother was improper.

Valpo attorney suspended for failing to refund unperformed work

November 2, 2018

A Valparaiso attorney who neglected a client’s appeal and failed to refund a fee paid for his unperformed service has been suspended from the practice of law in Indiana for 90 days and cannot be reinstated until he pays full restitution.

Justices: Proven misuse a defense to product liability claims

November 1, 2018

The Indiana Supreme Court has upheld the grant of summary judgment to a tool manufacturer sued after a man lost his eye while using one of the manufacturer’s products, finding the man’s misuse of the tool in question was the cause of his injuries and was a complete defense to his product liability claim.

Cameras allowed in court next month for National Adoption Day

October 30, 2018

In celebration of National Adoption Day, Hoosier families will once again have an opportunity to smile for the camera in the courtroom. The Indiana Supreme Court has announced its authorization of cameras in court for uncontested adoptions during the month of November, allowing photography and video of the adoption proceedings.

Indiana Supreme Court asked to review rent-to-buy agreements

October 30, 2018

Asserting the Court of Appeals’ ruling in a rent-to-own dispute will adversely impact tenants across the state, Indiana Legal Services filed a petition Monday to transfer its litigation against Rainbow Realty Group for the company’s rent-to-own practices. In its transfer petition,Indiana Legal Services argued Rainbow's rent-to-buy contract is a lease governed by the state’s Landlord-Tenant Act.

New lawyers told to remember lessons from home

October 30, 2018

The 2018 Indiana bar swearing-in ceremony had a definite family feel as leaders in the Indiana legal profession prompted the new attorneys to remember to be polite, to listen and to always help others whenever they can.

Nearly 300 passed Indiana bar exam in July 2018

October 30, 2018

Here is the list of those who passed the Indiana Bar Exam in July, many of whom took their oaths as lawyers at the Indiana Bar Admission Ceremony Oct. 16.

Forkner brings veteran leadership to top judiciary post

October 30, 2018

After running, as he puts it, both the gauntlet and the gamut of an extensive interview process led by the five justices and other court managers, Justin Forkner was selected as the new chief administrative officer of the Indiana Supreme Court.

Indiana Court decisions – Oct. 10-24, 2018

October 30, 2018

Read Indiana appellate court opinions from the most recent reporting period.

Justices agree to hear case regarding ‘obscene’ material on cellphone

October 29, 2018

The Indiana Supreme Court granted one transfer request and denied 18 others last week, agreeing to hear argument as to whether content found on the phone of a man convicted of sexual misconduct with a minor is considered obscene under an Indiana statute.

Supreme Court accepts resignation, imposes suspension

October 26, 2018

The Indiana Supreme Court has accepted the resignation of a Hoosier attorney who faced multiple felony drunken-driving counts. Justices also ordered reciprocal discipline for another lawyer who was removed from the practice of law by the Seventh Circuit Court of Appeals.

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