Indiana Supreme Court Justice David retiring at end of August
The current longest-serving member of the Indiana Supreme Court will hang up his robe at the end of the month.
Justice Derek Molter
Articles
Trial court correctly denied grandmother’s motion to intervene in adoption, COA affirms
A Harrison County woman seeking custody of her grandchild failed to convince the Court of Appeals of Indiana that her motion to intervene in a foster parent adoption should’ve been granted.
Applications open for upcoming COA vacancy left by Molter
The Indiana Judicial Nominating Commission is accepting applications for an upcoming vacancy on the Court of Appeals of Indiana following the appointment of Judge Derek R. Molter to the Indiana Supreme Court.
COA reverses new trial order, reinstates jury verdict against YMCA in personal injury case
The Court of Appeals of Indiana has reversed the grant of a new trial in a personal injury case involving a local YMCA and has reinstated a jury verdict against the YMCA after it determined the trial court abused its discretion.
COA: Evidence sufficient to sustain sexual battery conviction
A man who groped a woman in a dormitory restroom was unable to get his felony conviction overturned after the Court of Appeals of Indiana found the evidence was sufficient to show he physically restrained the woman while touching her without her consent.
RFRA defense fails to stop child abuse prosecution
A Lawrence County man tried to defend himself against child abuse charges by asserting his right to religious freedom, but the Court of Appeals of Indiana found the state’s Religious Freedom Restoration Act did not apply in his case because the prosecution demonstrated it had chosen the least restrictive means to advance the state’s compelling interest in protecting children.
COA finds unavailability of ‘essential witnesses’ key to delay in CHINS case
The Court of Appeals of Indiana has found a juvenile court that reset four times a factfinding hearing for a CHINS petition and, consequently, exceeded the 120-day statutory deadline did not abuse its discretion because the Indiana Department of Child Services needed extra time to procure the testimony of two physicians.
Molter appointed newest Indiana Supreme Court justice
A man characterized as “compassionate” and “forward thinking” with “a brilliant legal mind” has been tapped to fill an upcoming vacancy on the Indiana Supreme Court.
Under the spotlight: IN Supreme Court candidates face myriad of legal, personal questions
The Indiana Judicial Nominating Commission didn’t shy away from big topics during the second round of Indiana Supreme Court interviews on April 5, prodding to see where candidates would land on questions ranging from underrepresentation on the bench to influences of personal bias in judicial philosophy to how much consideration judges should give the legislative branch.
Kenworthy, Molter, Forkner named finalists for IN Supreme Court vacancy
Grant Superior Court Judge Dana J. Kenworthy, Court of Appeals of Indiana Judge Derek R. Molter and Justin P. Forkner, chief administrative officer of the Indiana Office of Judicial Administration, have been selected as finalists to fill an upcoming vacancy on the Indiana Supreme Court.
JNC questions final applicants for IN Supreme Court position before selecting 3 finalists
The Indiana Judicial Nominating Commission on Tuesday held the final round of public interviews to find the newest justice of the Indiana Supreme Court.
Unchanged situation justifies custody reversal, COA rules
Divorced parents who feuded so much they were described as having “drawn their swords” battled over custody of their child such that two trial court judges differed on which parent should have primary custody, but the Court of Appeals of Indiana determined the considerations of the case “make it rather straightforward” that the father should be the primary custodial parent.
Split COA affirms dismissal of adult charge against man for alleged acts as teen
Determining the heart of the issue was “a lack of clarity in the Indiana Code,” a split Court of Appeals of Indiana panel ruled an adult criminal court rightly dismissed, for lack of jurisdiction, a child molesting charge against a man who allegedly forced a preteen to have sex with him when he was 16.
Expungement provides no cure for physician, appellate court rules
Finding state statute does not require a professional license to be renewed after an expungement, the Court of Appeals of Indiana has upheld a refusal by the Medical Licensing Board of Indiana to amend the disciplinary records and lift the sanctions imposed on a physician who was convicted of a misdemeanor.
Appellate panel denies targeted approach in criminal recklessness ruling
A LaPorte County man who fired a shotgun into a pickup truck then argued his action did not trigger precedent was unable to get the Court of Appeals of Indiana to narrow the scope of the previous ruling and overturn his felony conviction.
Credit time from dismissed sexual battery charges can’t be credited toward separate child molesting sentence, COA rules
The Indiana Court of Appeals affirmed Friday that a Lake County man’s request to put his credit time from a previous charge toward his current child molesting sentence was properly denied.
COA Judge Kirsch honored at retirement ceremony
On Thursday, a retirement ceremony was held for retiring Indiana Court of Appeals Judge James Kirsch in the Indiana Supreme Court courtroom at the Statehouse in Indianapolis.
Retirement ceremony planned for COA Judge Kirsch
Retiring Indiana Court of Appeals Judge James S. Kirsch will be honored for his 25 years on the appellate bench, and nearly half-century career in law, later this week.
Retiring COA judge Kirsch certified as senior judge
After serving for more than 25 years on the Indiana Court of Appeals, Judge James S. Kirsch is moving on. The Indiana Supreme Court handed down an order Wednesday giving senior judge status to Kirsch, who announced his retirement in January.
Molter joins COA after years of appellate practice
While Derek Molter and his forebearers have accomplished much over the last century, he will now further his family’s legacy in law by joining the Indiana Court of Appeals as its newest judge.