Justices divided on proper sanction for attorney actions
The majority of Indiana Supreme Court justices found the trial court was within its discretion to dismiss a personal injury action because of the plaintiff’s attorney’s actions.
Court opinions
Articles
Justices reverse determinate commitment
In a three-page per curiam opinion released Wednesday by the Indiana Supreme Court, the justices reversed a juvenile’s determinate commitment to the Department of Correction for committing what would be felony murder if committed by an adult.
COA clarifies ruling in negligent hiring lawsuit
The Indiana Court of Appeals affirmed their decision to reverse the grant of an insurer’s motion for summary judgment against the parent company of a hotel. On rehearing, the appellate court denied that the other defendants involved in the lawsuit should benefit from the decision regarding Holiday Hospitality Franchising because the other parties didn’t appeal the original ruling.
Court splits over motion for discharge ruling
An Indiana Court of Appeals judge dissented from his colleagues in a Criminal Rule 4(B) motion for discharge case, disagreeing with the interpretation of language in Jenkins v. State regarding the relevant time for purposes of determining whether a defendant can file a pro se motion for a speedy trial.
7th Circuit upholds Indiana law on wine shipping
The 7th Circuit Court of Appeals has upheld an Indiana statute that prevents alcohol retailers from shipping their products to consumers by using a motor carrier such as UPS, and the state has the authority to regulate those shipments through the 21st Amendment.
Indiana court decisions Jan. 1 to 11, 2012
Read summaries of the For Publications from the Indiana appellate courts and the 7th Circuit Court of Appeals.
Deputy prosecutor receives public reprimand
A Hancock County deputy prosecutor has received a public reprimand from the Indiana Supreme Court for surrendering prosecutorial discretion and allowing a corporate check fraud victim to
dictate the terms of restitution as a pre-condition to a plea agreement.
COA: trial courts can limit administrative review
State law allows a trial court to decline to hold a jury trial and limit its review of a local municipality’s administrative decision, according to the Indiana Court of Appeals.
7th Circuit affirms deputy sheriff’s firing
The 7th Circuit Court of Appeals has determined the Warrick County Sheriff’s Department didn’t break the law when it fired a probationary deputy sheriff based on violations of standard operating procedures, failure to follow orders and insufficient commitment to the job.
State representative’s attacker permanently disbarred
The Indianapolis attorney who violently attacked and attempted to kill a state representative has been permanently disbarred by the Indiana Supreme Court.
High court reverses habitual offender enhancement
Because the state didn’t offer allowable evidence of a man’s previous theft conviction to support a habitual offender enhancement, the Indiana Supreme Court reversed the enhancement.
Justices dismiss malpractice complaint appeal
The Indiana Supreme Court has vacated transfer to a case involving a proposed medical malpractice claim, finding that the trial court order at issue is not a final appealable judgment.
COA affirms murder conviction
The Indiana Court of Appeals found the state presented sufficient substantive evidence to establish that a man killed his sister’s boyfriend while staying in her apartment.
Appellate court upholds easement ruling
The Indiana Court of Appeals affirmed the trial court judgment in favor of the owners of a RV campground regarding an access easement.
Judges rule on Clark County surveyor’s suit
The Indiana Court of Appeals affirmed summary judgment for the former Clark County surveyor in his request that he should have been involved in a project involving Lancassange Creek. But the judges reversed summary judgment for the surveyor regarding whether he should have been involved in a project in a subdivision.
Judges order pharmacy board to respond to subpoena
A Marion Superior trial court erred in granting the Indiana Board of Pharmacy’s motion to quash a defendant’s subpoena that the board produce a certified copy of “any and all” of his prescription records so he could use the information as defense for the charges of possession of a controlled substance, the Indiana Court of Appeals ruled.
Court upholds summary judgment in favor of New Castle
The Indiana Court of Appeals has affirmed that a contractor and insurance company owe the city of New Castle more than $900,000 in damages and attorney fees for breaching a construction contract.
COA upholds attorney’s 11-year sentence
The Roanoke attorney who stole more than $200,000 from his clients will not have his sentence reduced, the Indiana Court of Appeals decided Wednesday.
Justices divided on whether accident is covered by policy
The Indiana Supreme Court ruled 3-1 Tuesday that an insurer for the Indiana Youth Soccer Association does not have to provide coverage for an accident involving a Carmel team during a trip to Colorado for a soccer tournament.
SCOTUS denies Indiana church dispute
The Supreme Court of the United States has declined to take an Indiana case involving a property and trustee election dispute between the Zion Temple Apostolic Church in Gary and the son of the deceased founding pastor.