5 finalists for St. Joseph Superior Court vacancy announced
The St. Joseph County Judicial Nominating Commission has announced its five finalists to fill the vacancy left by retired St. Joseph Superior Court Judge David Chapleau.
Justice Geoffrey Slaughter
Articles
Supreme Court defines ‘patient’ to include third-party plaintiff
Does the definition of “patient” in Indiana’s Medical Malpractice Act encompass third parties? The Indiana Supreme Court, in considering a certified question from the 7th Circuit Court of Appeals, has decided the answer is “yes.” But not every justice was convinced.
IN Supreme Court: ‘Patient’ under med-mal act includes third-party plaintiffs
Answering a question posed by the 7th Circuit Court of Appeals, the Indiana Supreme Court on Wednesday ruled that Indiana’s Medical Malpractice Act applies to cases where a third-party plaintiff alleges that negligent treatment to someone else resulted in injury to the plaintiff. One justice, however, cautioned against the expansion of the Medical Malpractice Act.
Justices reject appeal to make public Indianapolis’ Amazon HQ2 offer
The Indiana Supreme Court has declined to hear an appeal from a tax trade publication that sought disclosure of tax dollars and incentives Indianapolis and the state offered Amazon in the city’s failed attempt to lure the online retail giant’s coveted second headquarters project known as HQ2.
Split Supreme Court upholds denial of LWOP defendant’s pro se request
A Boone County murder defendant convicted and sentenced to life without parole failed to convince a majority of the Indiana Supreme Court that the trial court improperly denied his request to proceed pro se. The majority provided an analysis for considering pro se requests in capital and LWOP sentences, but minority justices raised concerns about the majority “till(ing) new constitutional soil.”
Holcomb signs bill changing Lake, St. Joe JNCs
The structure of judicial selection in Lake and St. Joseph counties will soon change now that Indiana Gov. Eric Holcomb has signed controversial legislation changing the composition of the judicial selection panels in the northern Indiana counties.
Justices overturn ruling to pay contractor after bank acquired business
The Indiana Supreme Court on Thursday struck down lower court rulings in favor of an unpaid contractor that performed work for a South Bend business, finding that because the business’s assets are now owned by a bank rather than the prior company, the new bank-owned business is not liable for the bill.
Justices split, let stand rulings against DOC over death penalty secrecy
The Indiana Supreme Court has evenly split in a long-running dispute over disclosure of records concerning the state’s lethal injection drugs, clearing the way for disclosure of the records and the payment by the state of more than a half-million dollars in legal fees.
Legislation takes aim at judicial selection
A bill in the Legislature would restructure the composition of judicial nominating commissions in Lake and St. Joseph counties. Currently, an even number of attorneys and nonattorney members are appointed by local stakeholders, but the proposal would reduce attorney representation, which has prompted a backlash in the northern Indiana legal communities.
Justices uphold life without parole in toddler’s brutalization, murder
A man’s sentence to life in prison without parole in the murder of an 18-month-old whose body bore the marks of torture and sexual abuse has been affirmed on direct appeal to the Indiana Supreme Court.
Legal misfire: Is it a crime for minors to possess guns?
A 1990s Indiana law that raised penalties for juveniles who possess guns has backfired, limiting the charging options for law enforcement when children have firearms.
CJ Rush: Pandemic changed judiciary, but courts kept working
Speaking with reporters via Zoom on Thursday, Indiana Chief Justice Loretta Rush acknowledged that despite efforts to keep courts operating remotely as much as possible, judges will face the difficult task in 2021 of working through COVID-created backlogs and getting their dockets back on schedule.
Justices split in Bloomington’s favor in annexation dispute with Holcomb
A divided Indiana Supreme Court on Tuesday ruled in favor of the city of Bloomington, upholding a ruling against the Indiana governor and striking down “special legislation” targeting the city’s annexation efforts. Dissenting justices, however, warned that the majority’s holding “erodes separation of powers.”
Justices grant transfer in one case, decline 21 others
Indiana Supreme Court justices declined to hear 21 cases of out 22 petitions for transfer last week, agreeing to hear just one case concerning a man’s lookalike drug-related conviction in a search and seizure dispute.
Justices reprimand lawyer for trying to ‘silence’ student in Park Tudor scandal
The prominent Indianapolis employment law attorney who faced professional discipline charges related to his handling of a former high school basketball coach’s student sexting scandal has received a public reprimand from the Indiana Supreme Court. A dissenting judge, however, would not impose any sanction on Ice Miller partner Michael Blickman.
Divided justices affirm lookalike drug conviction in search dispute
A split Indiana Supreme Court has affirmed a man’s drug-related conviction after the Indiana Court of Appeals previously reversed in his favor, finding a search and seizure that resulted in his arrest proceeded within the bounds of the Fourth Amendment.
Indiana Supreme Court reduces 138-year sentence for man convicted as a juvenile
A Delaware County man sentenced to more than 100 years for a crime he committed as a 17-year-old was granted a new sentence after the Indiana Supreme Court found “two major shifts in the law” provide the opportunity to reconsider sentences that were “manifestly unreasonable.”
State high court arguments focus on parental presence at teen’s trial
The Indiana Supreme Court heard what one justice called an “interesting argument” in a case of first impression Thursday morning, considering whether a juvenile’s mother’s presence was essential to his defense when he was tried as an adult.
3 magistrates named as finalists for Lake Superior Court vacancy
The Lake County Judicial Nominating Commission has named three magistrate judges as finalists to fill an upcoming vacancy on the Lake County Superior Court bench.
Justices vacate habitual offender enhancement after 6-year delay in retrial
A man serving an 80-year sentence for a drug conviction will have his sentence reduced to 50 years after the Indiana Supreme Court ordered that his habitual offender enhancement be vacated.