Justices to hear arguments in 5 cases, decline nearly 40 others
Indiana Supreme Court justices granted transfer to five cases last week, declining review of nearly 40 others.
Indiana Supreme Court Transfers
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Plaintiffs in RTFA dispute ask Indiana Supreme Court for review
Neighbors to an 8,000-head hog farm are asking the Indiana Supreme Court for relief, arguing Indiana’s Right to Farm Act does not give blanket immunity to all negligence and trespass claims. Martin Richard and Janet Himsel and Robert and Susan Lannon have filed a petition to transfer their complaint over a concentrated animal feeding operation near their farms in Hendricks County.
City ‘full speed ahead’ on Oaktree apartments demolition
Indianapolis officials said Wednesday they expect to move forward with demolishing a blighted northeast-side apartment complex, after the owner of the property failed to request a last-ditch hearing by the state’s high court.
Transfer dissent: Justices should ‘clear up uncertainty’ about disclosure of private information
Indiana Chief Justice Loretta Rush has penned a dissent to the denial of transfer to a case involving public disclosure of private health information, calling the transfer decision a missed opportunity “to clear up uncertainty” regarding whether disclosure is actionable.
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.
Justices split, vacate transfer in class action against car dealership
A divided Indiana Supreme Court decided not to take an appeal after originally granting transfer to a class action brought by angry customers against a Northern Indiana car dealership.
Transfer granted in case involving solicitation agreements
The Indiana Supreme Court will hear oral arguments in a case involving a noncompete and solicitation agreement ruled to be overly broad.
Indiana AG asks high court to take up Munster Schools retirement pay dispute
Indiana’s attorney general is turning to the state’s high court in his battle to force two retired school superintendents to repay hundreds of thousands of dollars. Attorney General Curtis Hill recently filed a petition asking the Indiana Supreme Court to accept transfer of his civil lawsuit against former School Town of Munster superintendents William Pfister and Richard Sopko.
Justices deny transfer to murderer, parents’ appeals
Indiana Supreme Court justices unanimously denied transfer to more than 20 cases last week, including appeals from a man who is serving 70 years behind bars for murdering his girlfriend and from parents who claim medical care providers failed to properly treat their infant daughter.
Indiana landlord seeks Supreme Court’s help in land dispute
A northwestern Indiana landlord wants the U.S. Supreme Court to wade into his dispute with the city of Hammond and overturn a city order directing him to remove five apartments that he’s leased to tenants in what was once a single-family home. Jose Andrade, who argues that Hammond’s order violates his constitutional rights, has filed a petition for review with the nation’s highest court.
Justices to hear car dealer fee class action, clerk corruption case
The Indiana Supreme Court agreed to hear two cases last week including a class action against a Mishawaka car dealership. The court rejected about four dozen other appeal petitions, including a child in need of services case that sparked outspoken division between the justices.
‘I do not understand’: David, Rush publish sharp dissent to CHINS transfer denial
In a published dissent to a denial of transfer, two Indiana Supreme Court judges had sharp words for the Department of Child Services and the lower courts that, according to the dissent, did not take advantage of an opportunity to “make things right” for a father and his two children.
Justices reject man’s appeal in death of toddler
The Indiana Supreme Court will not hear the appeal of a northern Indiana man who was sentenced to 65 years in prison for the beating death of a 2-year-old left in his care. Justices denied a transfer petition sought in the case of Trevor Wert v. State of Indiana, 19A-CR-92, in which the Indiana Court of Appeals affirmed Trevor Wert’s murder conviction in the beating death of Railee Ewing.
Murder appeal among 18 rejected by Indiana justices
The Indiana Supreme Court declined to hear almost all of the appeals before it last week, but did accept two medical malpractice cases it consolidated for the clarification of preferred venue.
Justices deny transfer to 2 cases that split COA
The Indiana Supreme Court considered and denied 18 petitions for transfer last week, including two cases that drew concerns from members of the Indiana Court of Appeals.
Supreme Court remands drug convictions to eliminate double jeopardy violations
The Indiana Supreme Court remanded a guilty verdict Monday solely to eliminate the remaining double jeopardy violation in a man’s two drug-related convictions. Both convictions were enhanced based on the same evidence of his possession of a single firearm.
Justices hear 3 transfer cases, split over 3 more
Out of 25 cases, the Indiana Supreme Court chose only to hear three on petition to transfer, all of which the justices decided last week. Justices unanimously agreed to deny transfer in most of the cases but split over three cases it ultimately rejected to hear.
Justices let stand suppression in drug case, grant transfer in 2 others
Indiana Supreme Court justices agreed to hear two cases on grant of transfer last week, denying one other involving a faulty Muncie controlled drug buy. The three cases were the only matters justices considered on petition to transfer last week.
Justices affirm denial of parolee’s sentence modification
A man seeking to modify his already served sentence failed to convince the Indiana Supreme Court to accept his argument, though the high court rejected his position for a different reason than the Indiana Court of Appeals.
Justices to hear arguments in reversed TPR, juror misconduct cases
The Indiana Supreme Court justices granted transfer to two cases last week while denying 39 others. Of the pair it selected for review, the justices will hear arguments in a reversed termination of parental rights case and in a case alleging juror bias.