Articles

Justices agree to hear jury instruction, non-compete cases

The Indiana Supreme Court granted transfer to two cases last week, including to a decision that gave a defendant the opportunity for a retrial after the Indiana Court of Appeals determined a jury instruction on “fleeing” law enforcement was fundamentally erroneous.

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Private plaintiff taking public access case to SCOTUS?

After a years-long fight, the Indiana Supreme Court in February issued a ruling that affirmed what’s come naturally to generations of Hoosiers: Indiana’s beach on Lake Michigan belongs to the public.
But parties who sued to privatize the beach, whose names are the only plaintiffs listed on filings to the U.S. Supreme Court, don’t own the property. They haven’t for years.

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JLAP violation reinstates Indy attorney’s suspension

An Indianapolis attorney who violated the terms of her Supreme Court-imposed probation must now serve the full length of her suspended discipline after failing to comply with her Judges and Lawyers Assistance Program monitoring agreement.

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Ex-prosecutor who withheld recanted testimony suspended

The Indiana Supreme Court suspended a former Porter County deputy prosecutor from the practice of law for 18 months for withholding from the defense evidence that an alleged victim said he had been coached to lie and had recanted allegations of child molestation.

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Justices OK resentencing after gang enhancement vacated

An Evansville trial court may resentence a would-be robber for his eight convictions after the Indiana Supreme Court ruled that vacating the defendant’s criminal gang enhancement did not rid the trial court of its resentencing authority.

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Lawyer: State not enforcing Lake Michigan public access opinion

An attorney who is part of the legal team that won an Indiana Supreme Court decision preserving public access to the shores of Lake Michigan says state agencies are refusing to enforce the court’s order while private property owners on the lakefront seek a possible appeal to the U.S. Supreme Court.

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Justices remove Lake superior judge from retention ballot

The Indiana Supreme Court yanked a Lake Superior Court judge from the Nov. 6 retention ballot following his retirement announcement Friday that came after the court’s office of judicial administration requested a new judge be appointed due to alleged dereliction of duty.

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Justices clarify definition of sexual misconduct with a child

The Indiana Supreme Court found the “slightest penetration of the sex organ” was sufficient to affirm the conviction of a man of four counts of child molestation and eight counts of sexual misconduct with a minor. Justices offered guidance on what constitutes “other sexual misconduct” in affirming a man’s Level 1 felony child molestation conviction.

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Attorney who neglected med mal case suspended for year

An Indianapolis attorney currently under an indefinite suspension for failing to cooperate with a disciplinary investigation has now been suspended for one year after neglecting an elderly client’s medical malpractice case, leading to its dismissal.

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Affirming juvenile DOC placement, COA seeks effective counsel guidance

A 15-year-old who had multiple instances of violent rage and who could no longer be controlled by his parents was properly placed in the Department of Correction, an Indiana Court of Appeals panel found. But judges also used the case to ask the Indiana Supreme Court for guidance on measuring the effectiveness of counsel in similar juvenile cases.

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Boone, Shelby County judges certified as senior judges

The Indiana Judicial Nominating Commission has certified two new senior judges to serve in Indiana’s trial courts. Indiana Supreme Court Chief Justice Loretta Rush, acting as chair of the Indiana Judicial Nominating Commission, certified J. Jeffrey Edens and Charles D. O’Connor as senior judges in Boone and Shelby counties, respectively.

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Public hearing on child support guidelines Friday

The Domestic Relations Committee of the Judicial Conference of Indiana is seeking comments on Indiana’s Child Support Guidelines and will hold a public hearing at 10 a.m. Friday in the Indiana Supreme Court Courtroom at the Statehouse to discuss the guidelines. 

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Judge pro tempore appointed in Terre Haute City Court

Attorney Kim Antcliff Jackson of Cory, Indiana, took office Monday as Terre Haute City Court Judge pro tempore, replacing retiring Judge Chris A. Wrede. Jackson’s appointment was announced in an Indiana Supreme Court order issued Thursday.  
 

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