Indiana Court Decisions – May 7-19, 2020
Read Indiana appellate court decisions from the most recent reporting period.
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Life and death decisions: Pandemic increases focus on estate planning, health care advance directives
The coronavirus pandemic seems to be the push many people needed. Most clients, estate planning lawyers say, tend to put off preparing their documents, usually believing that they still have time. But with the continuance of the COVID-19 pandemic and the daily coverage of case counts and death tolls, attitudes have changed.
Hill’s fight to stay AG continues
Suspended Indiana Attorney General Curtis Hill will be reinstated to the practice of law June 17, and he’s said he’s using the time in the interim to “reflect on lessons learned.” His chief deputy, Aaron Negangard, is overseeing the office while Hill serves his suspension, but a lawsuit filed May 21 challenges Hill’s authority to make that appointment.
Zooming in: Lawyers describe pros and cons in remote oral arguments
Though there have been some technical hiccups, lawyers report generally positive experiences with remote appellate oral arguments. Even so, some advocates say the most impactful arguments are made in person.
Plaintiffs push for summary judgment in Hill suspension dilemma
After filing a lawsuit challenging Curtis Hill’s ability to remain Indiana Attorney General while he serves a license suspension, four Marion County plaintiffs filed a motion Friday for summary judgment on their claim that the office is vacant and the governor can name a replacement.
Supreme Court reversal: Drug dealer didn’t knowingly waive right to appeal sentence
A man convicted of felony drug dealing will now be able to appeal his 12-year sentence after the Indiana Supreme Court on Friday determined his appellate waiver was not knowing and voluntary.
Indiana appellate courts extend certain emergency relief through June 14
A joint order from the Indiana Supreme Court and Indiana Court of Appeals extended emergency relief that was previously set to run through May 18. The extension comes as a result of the ongoing public health emergency posed by COVID-19.
Justices reduce sentence for man convicted of rape
In granting a petition to transfer, Indiana Supreme Court justices lowered a man’s sentence after he was convicted of three counts of felony rape. A dissenting justice, however, would have denied transfer in the case.
3-2 Supreme Court reverses, finds covered bridge arsonist insane
A man who confessed to burning down two Indiana covered bridges has had his guilty but mentally ill verdict reversed by a divided Indiana Supreme Court. The 3-2 majority cited unanimous expert opinion that the defendant is legally insane in overturning a jury’s conclusion.
Holcomb: ‘No further action’ in AG Hill discipline case
Indiana Gov. Eric Holcomb said he will take no further action toward possibly appointing an interim attorney general after the Indiana Supreme Court on Monday denied his request for clarification on whether AG Curtis Hill’s ongoing suspension means he has “vacated” his elected position.
Justices deny Holcomb’s request to clarify whether suspended AG Hill ‘vacates’office
The Indiana Supreme Court has denied Gov. Eric Holcomb’s request for clarification on whether now-suspended Attorney General Curtis Hill has temporarily vacated his office due to his suspension. The ruling means, at least for now, Hill’s chief deputy will remain in charge of the legal operations of the Indiana Office of the Attorney General.
Indiana Lawyer collects 6 statewide journalism awards
Journalists and artists for the Indiana Lawyer collected six statewide awards for work produced in 2019, the Indiana Society of Professional Journalists announced in results for the annual Best of Indiana journalism contest.
Lawyer with multiple discipline cases indefinitely suspended
A Fort Wayne lawyer who has faced at least a dozen attorney discipline cases in recent years has been indefinitely suspended from the practice of law.
Attorney reinstated more than decade after suspension
A Fort Wayne lawyer who was suspended from the practice of law in 2008 was reinstated Friday by the Indiana Supreme Court.
Supreme Court suspends Fort Wayne lawyer for noncooperation
The Indiana Supreme Court has suspended a Fort Wayne lawyer for noncooperation with the disciplinary commission’s investigation of a grievance filed against him.
AG Hill, disciplinary commission differ on whether suspension means Hill vacates office
A decision from the Indiana Supreme Court on whether Attorney General Curtis Hill will “vacate” his office during his impending suspension likely will not be handed down until next week, creating uncertainty over whether the Office of the Attorney General will have a recognized leader come Monday.
High court further expands video, phone proceedings during COVID-19
Indiana Supreme Court justices have permitted the expansion of remote proceedings until further order amid the coronavirus public-health emergency.
‘The wheels of justice must go on’: Indiana Supreme Court hears first remote arguments
Joining the trend of appellate courts nationwide, the Indiana Supreme Court on Thursday took the historic step of hearing oral arguments via videoconference in light of the novel coronavirus pandemic.
Justices extend deadline for trial court transition plans to May 30
The Indiana Supreme Court has extended the deadline through May 30 for courts to submit transition plans for expanded trial court operations. The order also extends through the end of May emergency relief granted to trial courts in response to COVID-19.
AG Hill vows to stay in campaign as he seeks GOP support
As he prepares to begin a 30-day suspension of his law license, Indiana Attorney General Curtis Hill is doubling down on his campaign efforts and making his case for reelection as he courts delegates for next month’s Indiana Republican Convention.