Majority justices remand drug sentence to determine treatment eligibility
A woman who has yet to receive court-ordered substance abuse treatment may soon receive it after the Indiana Supreme Court granted transfer to her case.
Indiana Supreme Court
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Indy attorney who told court ‘someone is going to die’ suspended
An Indianapolis attorney charged with intimidation against a Marion County court and other offenses has been suspended from the practice of law after the Indiana Supreme Court granted a petition for his emergency suspension.
Decatur lawyer sentenced to jail for forgery, counterfeiting
A suspended northern Indiana lawyer was sentenced Friday to nearly nine months in jail for forging a judge’s signature on a phony divorce order and sending a client a bogus email that she represented as coming from a deputy prosecutor. Jill Holtzclaw of Decatur was sentenced to serve 270 days behind bars followed by a year of probation for her convictions of Level 6 felony counts of forgery and counterfeiting.
State court suit aims to ban Indiana death penalty
A lawsuit naming Gov. Eric Holcomb filed on behalf of a prisoner on Indiana’s death row urges a state court to issue an injunction halting capital punishment and rule that the state’s ultimate criminal penalty violates the Indiana Constitution.
Justices question traumatic brain injury claims in triple murder
Counsel for a man sentenced to death for two separate murders and 65 years in prison for a third argued his representation was ineffective in the first two cases when prior counsel failed to adequately investigate and present evidence of a traumatic brain injury the man had sustained.
Justices: Agreed juvenile adjudication appeals follow T.R. 60
Juveniles who agree to delinquency adjudications cannot immediately challenge their adjudications on direct appeal, but instead must make a request for post-judgment relief via Trial Rule 60 before pursuing their constitutional right to appeal, the Indiana Supreme Court ruled.
Rush to give 2019 State of the Judiciary next week
Indiana Chief Justice Loretta Rush announced she will present the 2019 State of the Judiciary next week to Gov. Eric Holcomb and a joint session of the Indiana General Assembly.
Justices to hear arguments in murder, jurisdiction cases
The Indiana Supreme Court is set to hear argument in several cases this week, including a man’s post-conviction appeal of his three separate sentences for murder in Floyd County.
Indiana Court Decisions — Dec. 19, 2018-Jan. 2, 2019
Read Indiana appellate court decisions from the most recent reporting period.
Statewide e-filing hitting the homestretch
The advent of electronic filing has changed the way Hoosier attorneys do business. Tasks that once required lawyers and their staffs to sift through Bankers Boxes and drive to courthouses can now be completed with just a few keystrokes. As of the end of 2018, 85 of Indiana’s 92 counties had implemented voluntary e-filing, with many of those counties now requiring attorneys to file at least some documents electronically.
Supreme Court amends court retention rules for tax sales, expungement records
The Indiana Supreme Court has issued new guidance on how long courts are required to maintain files related to tax sales and expungements in their offices. The court also updated Indiana's Administrative Rules to reflect the abolishment of two town courts.
Divided justices say Grant Co. couple must comply with orders to repair ‘high-hazard’ dam
A Grant County couple must now abide by a Department of Natural Resources order to bring a dam into compliance with the Dam Safety Act following a divided Indiana Supreme Court decision that affirmed the order’s enforcement.
Majority justices reduce drug sentence, order removal from DOC
Finding the circumstances of an Orange County case to be “exceptional,” a majority of the Indiana Supreme Court has reduced a woman’s sentence and ordered that she be removed from the Department of Correction and instead placed in community corrections. A dissenting justice would have denied transfer of the case.
Indy attorney who converted client funds, falsified attorney registration loses license
An Indianapolis attorney found guilty of converting client funds, falsifying attorney registration and lying to a court can no longer practice law in Indiana after the Indiana Supreme Court unanimously voted to disbar her.
COA split on amended sentence modification statute
In an opinion interpreting a sentence modification statute, a divided panel of Indiana Court of Appeals ruled that a trial court lacked authority to modify a sentence that was entered pursuant to a fixed plea agreement. The majority’s ruling contrasts with the panel’s earlier decision in the same case, which was revisited on remand from the Indiana Supreme Court after a legislative amendment last year.
SCOTUS to consider Indiana abortion, juvenile life cases in conference
Two cases from Indiana, including the controversial fetal remains disposal law, will be on the agenda when the justices of the U.S. Supreme Court meet for their next conference on Jan. 4, 2019.
Split COA affirms admission of dead eyewitness’ video testimony
A split Indiana Court of Appeals affirmed a man’s conviction for voluntary manslaughter after he fatally shot his fiancé, finding, among other things, no abuse of discretion in the admission of video testimony from a since-deceased eyewitness.
Year in Review: Attorney discipline orders drop, but major misconduct cases tarnish profession
The rare subset of attorney discipline cases brought by the Indiana Supreme Court Disciplinary Commission are the result of criminal charges against lawyers that could result in jail time. In that regard, the Hoosier State had plenty, even as total attorney discipline orders declined in 2018.
Disciplinary Actions – 12/26/18
Read who has resigned and who has been reprimanded during the most recent reporting period.
Year in Review: Hill sexual misconduct scandal top legal news story of 2018
Indiana Lawyer’s top story of 2018 began inside an Indianapolis bar in the cool early-morning hours of Thursday, March 15. Attorney General Curtis Hill had had a few drinks. A few too many, several witnesses would later claim.