Articles

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.

Read More

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.

Read More

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.

Read More

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. 

Read More

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. 

Read More

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.

Read More

Public Defender Commission announces legislative priorities

The Indiana Public Defender Commission has announced plans to begin a legislative effort intended to stir statewide public defense reform, a decision that comes on the heels of a task force report that highlighted shortcomings in the Hoosier indigent defense system.

Read More

Indiana Supreme Court greenlights blocked railroad crossings

A unanimous Indiana Supreme Court sent a message Tuesday to Hoosier motorists stuck at railroad crossings waiting for trains to pass: relax, you’re going to be there awhile. The court struck down a state law limiting blocked crossings to 10 minutes, holding that such regulations were pre-empted by federal law.

Read More

Justices amend appellate, small claims rules

The Indiana Supreme Court has issued several orders amending rules of the court. Among them is a change that requires any appellate party to seek court permission to amend a filed appendix, and allows trusts and trustees to represent claims of less than $1,500 without counsel in small claims cases.

Read More

Mental health, diversity may become required CLE

Lawyers soon could be required to earn continuing legal education credits in diversity and inclusion and mental health and wellness under a proposal the Indiana State Bar Association House of Delegates will consider next month. It’s one of two resolutions delegates will consider.

Read More