SCOTUS to hear Indiana civil forfeiture case Wednesday
An Indiana case that could decide whether the Eighth Amendment protection against excessive fines applies to the states will be heard at the United States Supreme Court on Wednesday.
Indiana Supreme Court
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Business executive appointed to Judicial Nominating Commission
Indiana Innovation Institute executive vice president of strategy, partnerships and outreach Julie Griffith of Carmel has been appointed as the newest member to the Indiana Judicial Nominating Commission.
Disciplinary actions
Read who has been disbarred, has resigned, or was suspended in the most recent reporting period.
Indiana Court decisions – Nov. 8-19, 2018
Read Indiana appellate court decisions from the most recent reporting period.
2018 DTCI Amicus Activity: Summary of key cases
This year, the Defense Trial Counsel of Indiana has participated as amicus in a variety of issues of significant interest to the defense bar. Although DTCI is unable to become involved in every case in which its participation is requested, the Amicus Committee and the Board of Directors carefully consider each request and welcome the chance to work with defense counsel across the state on important issues of Indiana law before Indiana’s appellate courts.
US Supreme Court pushes deadline on Lake Michigan beach case
The U.S. Supreme Court won’t decide until next year whether to consider arguments from residents of Chief Justice John Roberts’ Indiana hometown of Long Beach over ownership of the Lake Michigan community’s shoreline. The case could have a ripple effect for public and private property rights across the Great Lakes states.
Justices hear dad’s appeal of removal from son’s estate
The Indiana Supreme Court heard argument Tuesday contending the appointment of a deceased man’s father as the special administrator of his wrongful-death estate should not have been reconsidered, despite counter-arguments that he was not the best fit for the appointment.
Justices send dismissed post-conviction case back to COA
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
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
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
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
Read Indiana appellate decisions from the most recent reporting period.
Professor: Regulation of lawyer speech undermines judiciary
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
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
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
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
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
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
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
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.