Indiana Court Decisions – Aug. 28-Sept. 11, 2019
Read Indiana appellate court decisions from the most recent reporting period.
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After judge’s plea, JQC investigating shooting
Though he’s past the legal ramifications of an early-morning shooting in May, Clark Circuit Judge Andrew Adams must still face a judicial discipline action investigating the matter. His plea and the highly publicized nature of the shooting led the Indiana Judicial Qualifications Commission to take the rare step of publicly confirming its investigation of the incident.
Undocumented immigrant sentenced in drunk driving crash that killed Colts player
The undocumented immigrant charged in connection with the February 2018 crash that killed Colts linebacker Edwin Jackson has been sentenced to 3½ years in federal prison.
Southern District finds ‘immediate need’ to remove, amend death penalty rule
The Indiana Southern District Court determined there was an immediate need to delete Local Criminal Rule 6-1 – Petitions Under 28 U.S.C. Section 2254 or 2255 in Cases Involving a Sentence of Capital Punishment, according to a Monday notice. In response, the rule was replaced with the adoption of Local Criminal Rule 38-2 – Cases Challenging the Conviction and/or Sentence Where a Sentence of Death Has Been Imposed.
Supreme Court accepting applications for state public defender
The Indiana Supreme Court is now accepting applications for the state’s next public defender. Indiana’s current public defender, Stephen Owens, is retiring in December.
COA rules for tenant in landlord’s breach of contract case
An apartment tenant facing eviction who alleged his landlord failed to take keep the space safe, clean and habitable won favor from an appellate panel Tuesday.
Justices: Amended statute retroactively applies in eminent domain action
Indiana Supreme Court justices have determined that an amended statute dealing with ownership transfer in instances of eminent domain may be applied retroactively.
COA affirms ruling for insurer in UIM recovery case
An estate that secured more than $100,000 in settlements following a deadly car crash couldn’t convince the Indiana Court of Appeals that summary judgment should not have been granted to the deceased’s parents’ insurer.
Reversal: Utility must face suit in stoplight outage crash
Negligence claims brought against Indianapolis Power & Light after an auto accident caused by inoperable traffic lights will continue after the Indiana Court of Appeals reversed a ruling granting the power company judgment on the pleadings.
Justices consider PCR for Gary man convicted in slaying
He was convicted in 2013 of brutally killing his wife and two stepchildren. His death sentence has already been upheld on direct appeal, but Kevin Isom is again asking the Indiana Supreme Court to give him another chance at a sentence less than death.
Supreme Court grants partial victory for would-be buyers in Rainbow Realty dispute
Would-be homebuyers secured a partial victory from the Indiana Supreme Court against Rainbow Realty Group after it concluded the parties’ rent-to-buy agreement was not a land-sale contract. However, relief awarded to the tenants under Indiana’s Deceptive Consumer Sales Act was reversed.
Prosecutors: Indiana woman stole $18K meant for boy’s burial
An Evansville woman has been arrested for allegedly stealing money intended for the burial plot and headstone of a 3-year-old boy who died in a hot car.
Danville man convicted in death of girlfriend’s 4-year-old
A Danville man has been convicted of murder in the November 2017 death of his girlfriend’s 4-year-old son.
Teen declared delinquent after in fire at warehouse complex
A teenager charged with arson in a fire that swept a vacant warehouse complex in western Indiana nearly four months after another blaze damaged the same site has been declared a delinquent child.
State cannot overcome calendar in appeal of suppression order
Although the state was able to get a trial court to reconsider the suppression of cellphone evidence in a rape trial, it could not convince the Indiana Court of Appeals that its pursuit of an interlocutory appeal was timely.
Justices order state courts to adopt security plans
Changes have been made to Indiana’s court security rules, adding new language that addresses individual court security plans.
Biased juror’s seating reverses post-conviction ruling on rehearing
An Indiana Court of Appeals panel admitted it erred in a prior post-conviction ruling, finding after rehearing that a man was entitled to a new trial because a clearly biased juror was seated in his child molesting trial.
Supreme Court allows broad enforcement of Trump asylum rule
The Supreme Court of the United States is allowing nationwide enforcement of a new Trump administration rule that prevents most Central American migrants from seeking asylum in the United States.
COA rules for buyers in Zionsville real estate dispute
The Indiana Court of Appeals has affirmed that a settlement agreement between the buyers and sellers of Zionsville real estate was valid and enforceable, rejecting the seller’s arguments that a trial court erred by excluding emails between the parties’ attorneys.
Judicial commission investigating shooting involving judges
The Indiana Commission on Judicial Qualifications is investigating the May 1 shooting that left two Clark County judges wounded and one convicted of misdemeanor battery, the Indiana Supreme Court confirmed Wednesday.