Rule change gives extra time to file transfer petitions
Attorneys will have 15 extra days to file a petition to transfer to the Indiana Supreme Court next year, thanks to an appellate rule amendment adopted Monday.
Indiana Supreme Court Transfers
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Justices vacate transfer of Henry County land dispute
The Indiana Supreme Court has vacated its decision to grant transfer to a case stemming from a Henry County land dispute less than one week after hearing oral argument. The decision lets stand a Court of Appeals ruling reversing the trial court.
Justices won’t hear Johnson County public defender suit
The Indiana Supreme Court has denied transfer to a case challenging the constitutionality of Johnson County’s contract-based public defender system, a decision one of the attorneys representing county defendants said was disappointing and cowardly.
Justices to decide if school disciplinary investigation implicated Miranda rights
A case that the Indiana Court of Appeals used to explore how the presence of school resource officers changes the nature of in-school discipline will soon come before the Indiana Supreme Court, which will decide if a 17-year-old should have been read his Miranda rights while being questioned in a school disciplinary action.
Justices agree to hear firearms, driving privileges cases
The Indiana Supreme Court will soon grapple with legal issues relating to possession of firearms and specialized driving privileges after granting transfer to three cases last week. Justices also denied 51 transfer petitions last week.
Institute for Justice asks Supreme Court to take civil forfeiture appeal
The Institute for Justice is asking the Indiana Supreme Court to grant immediate review to a case challenging Indiana’s civil forfeiture policy, arguing the practice of diverting forfeiture proceeds away from the Common School Fund is unconstitutional and encourages “policing for profit.”
Justices to consider absentee juvenile adjudication that split COA
The Indiana Supreme Court will hear an appeal of a juvenile case in which a missing delinquent teen received another delinquency adjudication and was found to be in violation of probation after a court hearing where he was not present.
Lawyers for man charged in 4 killings end legal challenge to counsel’s removal
Attorneys for a Fort Wayne man charged in four killings have ended their challenge to a judge’s removal of a defense attorney from the case.
Justices to hear appeal over trains blocking road crossings
The Indiana Supreme Court will decide whether state or federal law controls how long trains may block road crossings. The Court of Appeals reversed the trial court, ruling that federal law does not preempt state laws that forbid trains from blocking crossings for more than 10 minutes.
Justices again will consider fixed-sentence plea modifications
The Indiana Supreme Court will once again consider when, if ever, fixed-sentence plea agreements can be modified. The court granted transfer to a second sentence-modification appeal after recently hearing a similar case.
Sex offender statute to come before Supreme Court
A sex offender convicted in 2010 must make his case to the Indiana Supreme Court as to why a 2015 law should not bar him from attending his son’s school events after the high court granted the state’s petition to transfer the case last week.
Supreme Court to hear oral arguments in fatal chase case
The Indiana Supreme Court will decide if a man who led police on a chase that killed a driver and seriously injured two passengers can be convicted on multiple counts of resisting law enforcement after agreeing to hear the Marion County case last week.
Supreme Court takes RV dealer’s tax case
An Indiana case dealing with out-of-state tax issues will come before the Indiana Supreme Court after the justices unanimously granted review to a dispute between the Indiana Department of State Revenue and a Hoosier RV dealer.
Indiana high court to hear Simon-Starbucks dispute
The Indiana Supreme court will decide whether Starbucks Corp. can close 77 Teavana stores in malls across the country after granting an appeal in Simon Property Group’s case against the coffee giant. The high court asserted its authority to assume jurisdiction in cases it deems an emergency.
Supreme Court to hear case of juvenile who threatened school
After a divided panel of the Indiana Court of Appeals partially reversed a delinquent adjudication against a high school student who made violent threats against his school and classmates, the Indiana Supreme Court has agreed to decide whether the student’s adjudications should stand in part or in whole.
Justices to review who can waive rights of mentally ill
The Indiana Supreme Court will decide whether trial courts have authority to waive respondents’ rights to be present at their mental health commitment hearings after granting transfer to a case in which a man was not present for his commitment hearing.
Supreme Court splits 3-2, denies transfer in custody case
A mother’s appeal arguing that she was wrongly denied an evidentiary hearing on her petition to modify custody of her daughter was rejected last week by a divided Indiana Supreme Court.
Ind. Supreme Court to decide if evidence errors mean drug convictions should be tossed
The Indiana Supreme Court has agreed to decide whether errors in the admission of certain evidence during a man’s drug trial warrant reversal of the man’s multiple drug convictions.
Justices to decide marijuana grow probable cause case
The Indiana Supreme Court has agreed to decide whether police officers had probable cause to obtain a search warrant for a home they believed to be the location of an indoor marijuana growing operation after granting transfer to the case last week.
Justices to decide whether malpractice claim against law firm can proceed
A northern Indiana law firm will have another opportunity to prevent a malpractice claim against it from moving forward after the Indiana Supreme Court granted transfer to the case in which the Indiana Court of Appeals reversed summary judgment for the firm.