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 Supreme Court
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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.
Indiana Court Decisions — Dec. 5-18, 2018
Read Indiana appellate court decisions from the most recent reporting period.
Bad business: Disciplinary Commission warns of ‘license rentals’
The Indiana Supreme Court Disciplinary Commission addressed such questionable relationships in an advisory opinion that cautions Hoosier attorneys against “license rental” partnerships with out-of-state law firms or non-lawyer service groups. Through these partnerships, Hoosier attorneys lend their services to the out-of-state firm or non-lawyer group in exchange for a fee paid for limited client representation in Indiana.
Supreme Court committee seeks comment on amendments to ‘lazy judge’ rules
The Indiana Supreme Court is seeking comment on proposed changes to trial rules that govern what happens if a trial judge fails to timely rule on a motion and that would remove Supreme Court involvement in the appointment of a special judge. The court’s Committee on Rules of Practice and Procedure is considering amendments to Indiana Trial Rules 53.1 and 53.2.
New rule: Pence, lawyer Congress members exempt from CLE
Indiana lawyers who are members of Congress, senators or vice president no longer have to worry about meeting continuing legal education requirements under a rule adopted this week by the Indiana Supreme Court. The new rule also decreases CLE credits required for state lawmakers who are attorneys.
Supreme Court to travel, invites amici in smartphone privacy case
The Indiana Supreme Court will hit the road early next year to hear oral argument in a first impression case involving smartphone privacy. Justices also have invited amicus parties in the case as they seek to determine whether law enforcement can force a woman to unlock her phone as part of a criminal investigation.
Justices take 2 cases, deny 18, split over 2
Indiana Supreme Court Justices granted transfer in two cases last week concerning a father convicted of killing his infant daughter with a pillow and a piecemeal child in need of services adjudication.
Lawyer doesn’t help his own cause in federal court discipline matter
A Merrillville lawyer who asked the U.S. District Court for the Southern District of Indiana to reconsider discipline imposed on him drew a harsh reply from the court, which said his conduct “lends further support to … concerns about his competence as a lawyer.” The district court denied John H. Davis' motion to reconsider his removal from the court's Roll of Attorneys last week.