Indiana Court Decisions — Sept. 27-Oct. 9, 2018
Read Indiana appellate decisions from the most recent reporting period.
Indiana Supreme Court
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Oral argument: Bright-line speeding rule requested in OWI case
The Indiana Supreme Court heard oral argument Monday morning on a speeding-turned-OWI case following its grant of transfer to the state’s appeal, including concerns regarding reasonable suspicion.
Justices to hear arguments in speeding-turned-OWI case
The Indiana Supreme Court will hear oral argument on Monday to decide whether a man’s motion to suppress evidence was wrongfully denied by a trial court, which found that a police officer’s belief that the man was speeding constituted reasonable suspicion to support the man’s eventual drunken driving arrest.
Justices set aside default against Greensburg landlords
A Greensburg apartment complex and its property manager will no longer be considered in default after the Indiana Supreme Court reinstated a trial court ruling that found excusable neglect justified setting aside a default judgment.
Justices affirm delinquency in Seymour school plot
The Indiana Supreme Court upheld Thursday the juvenile delinquency adjudication of a sophomore who was found to have plotted to shoot up and blow up Seymour High School during the 2015-2016 school year.
Justices expand online CLE, CME credit hours
Lawyers and judges can now take twice as many hours of continued legal education through online programming per three-year period after the Indiana Supreme Court amended an existing rule to education requirements. Similarly, mediators will not be denied credit for digital programs under an amendment to continuing mediation education requirements.
Board of Law Examiners appoints 2 new members
Two new members have been appointed to the Indiana State Board of Law Examiners as announced in an order signed Friday by Chief Justice Loretta Rush.
SCOTUS schedules Indiana Land Rover civil forfeiture case
The nation’s highest court will hear an Indiana civil forfeiture case next month that could determine whether the Eighth Amendment’s protections against excessive fines can be applied on the state level.
Justices won’t hear Indy historic district construction appeal
The Indiana Supreme Court last week denied an appeal from eight members of the Lockerbie Glove Factory Town Home Owners Association who are challenging a construction project in a downtown Indianapolis historic district.
SCOTUS asked to take Lake Michigan beach privatization case
Arguing the Indiana Supreme Court “asserted a novel public right to access the entire beach” of Lake Michigan, private lakeshore landowners Friday asked the Supreme Court of the United States to rule that the public was entitled to use no part of the beach above the water itself.
Justices reinstate child molesting convictions under attenuation doctrine
Four Level 1 felony child molesting convictions will be reinstated against a Blackford County man after the Indiana Supreme Court found the man’s incriminating statements to police were sufficiently attenuated from an illegal search and seizure of his apartment. The court’s ruling also more broadly holds that the federal attenuation doctrine can be applied under the Indiana Constitution.
Indy attorney ordered to pay $500 for practicing while suspended
An Indianapolis attorney who has been suspended from the practice of law since 2009 has been ordered to pay a $500 fine for continuing to offer legal services despite her suspension.
Justices: No rights advisement needed before drug exam
The Indiana Supreme Court reinstated a woman’s conviction that the Indiana Court of Appeals had vacated because she did not receive an advisement of her rights before police administered a drug recognition exam after a traffic stop.
ISBA poll results favor retention of Slaughter, Altice
A new poll of Indiana State Bar Association members strongly supports keeping two state appellate judges on the bench, but Hoosiers will have the final say on their retention this November.
Indiana Court Decisions — Sept. 13-26, 2018
Read Indiana appellate court decisions from the most recent reporting period.
Indiana justices accept another NIPSCO case
The Indiana Supreme Court has accepted transfer of another dispute over utility rates where the Northern Indiana Public Service Co. is a defendant.
Supreme Court amends financial contribution reporting rules
Indiana attorneys will soon be required to report an additional type of financial contribution to the Indiana Supreme Court. Under amended Rule of Professional Conduct 6.7(a)(3), Hoosier attorneys will be required to report any monetary contributions made to an “IRC 501(c)(3) bar foundation in Indiana which provides financial support to a qualifying legal service organization or local pro bono district" starting Jan. 1.
Judge pro tem appointed to replace Lake Superior Judge Villalpando
A judge pro tempore has been appointed to perform the duties of Lake Superior Court judge Jesse M. Villalpando, whose name was recently removed from the Nov. 6 general election ballot. A Friday order announced the Lake Superior Court judge will take leave from the bench beginning today and will remain on leave for the duration of his elected term, while attorney Stephen A. Tyler will serve in his place as judge pro tem.
Supreme Court agrees to decide fate of Yorktown clerk-treasurer’s job
The Indiana Supreme Court has agreed to decide whether Yorktown can forcibly remove its clerk-treasurer from office, a decision the clerk-treasurer’s attorney told the justices could have implications beyond his client.
Justices consider ouster of Yorktown clerk-treasurer
Choosing to forcibly remove an elected official from office is a weighty decision, one that requires government officials to go against the will of the voters — presumably for the public good. In theory, an impeachment occurs only when an elected officer has egregiously failed to perform his or her duties, leaving no choice but to force the official to vacate her office.