Indiana Trial Courts - The Indiana Lawyer

Creating options: SCOTUS lets inverse condemnation suits in federal courts

October 30, 2019 | Olivia Covington

The June 21 decision in Knick v. Township of Scott, Pennsylvania, 588 U.S. ___ (2019), overturned precedent requiring property owners to file inverse condemnation actions in state court before bringing a federal action. Instead, the 5-4 majority opinion, written by Chief Justice John Roberts, determined the Fifth Amendment Takings Clause is triggered as soon as the government takes land without compensating the property owner.

Purdue student faces rape charges in sex assault at party

October 28, 2019 | Associated Press

Authorities say a college student from New Jersey faces rape charges in the assault of a woman at a fraternity party off Purdue University’s campus.

Suspended Indianapolis priest charged with sex crimes

October 28, 2019 | Associated Press

A suspended Catholic priest in Indiana is facing charges alleging he sexually abused a child in 2016. The Rev. David Marcotte of Indianapolis is charged in Hamilton County with child solicitation, vicarious sexual gratification and dissemination of matter harmful to minors.

Drug evidence found from drone video admissible, COA rules

October 24, 2019 | Dave Stafford

Video of suspected drug activity from a drone aircraft a woman found in her yard is admissible in court to try her neighbor on charges including dealing methamphetamine, the Indiana Court of Appeals ruled Thursday.

Transgender man wins appeal after judge denies gender-marker change

October 22, 2019 | Dave Stafford

A transgender man who was granted a name change but denied his petition for a gender-marker change won on appeal Tuesday, with the Indiana Court of Appeals finding the trial court lacked sufficient cause to deny the petition.

Study panel urges new courts, magistrate judges in 6 counties

October 18, 2019 | Olivia Covington

A legislative study committee has given a favorable recommendation to the Indiana General Assembly to add new judicial resources in six counties.

Indiana woman’s trial for 3 bus stop deaths gets underway

October 17, 2019 | Associated Press

Testimony is underway in the trial of a northern Indiana woman who allegedly killed three children by striking them with a pickup truck as they crossed a two-lane state highway to board a school bus.

Jury selection begins in woman’s trial for bus stop deaths

October 16, 2019 | Associated Press

Jury selection is underway in the trial of a northern Indiana woman accused of killing three children in Rochester by striking them with a pickup truck as they crossed a two-lane state highway to board a school bus.

Reconstituted probate code commission goes to work

October 16, 2019 | Marilyn Odendahl

When the Probate Code Study Commission convened for its first meeting Aug. 12, it marked the return of a process meant to help Indiana legislators understand the often complex and intertwined issues regarding wills, estates, trusts, guardianships and other probate matters.

McDermott: 1 year to go — The Real ID countdown begins

October 16, 2019

You can mark your calendars now: in about a year, attorneys across Indiana will be getting frantic calls from untold numbers of people who are suddenly unable to fly on an airplane. The cause of this commotion will be the Real ID law, set to finally take full effect Oct. 1, 2020.

3 judges face discipline in Indianapolis shooting

October 16, 2019 | Olivia Covington

Clark Circuit Judges Andrew Adams and Bradley Jacobs and Crawford Circuit Judge Sabrina Bell each have been charged with ethics violations for their roles in a now-infamous Indianapolis altercation that left Adams and Jacobs hospitalized with serious gunshot wounds. The charges detail a night of bar-hopping by the southern Indiana jurists during the evening of April 30 into the early morning of May 1 that ended in a confrontation that escalated to violence.

Charlestown code enforcement case headed for trial

October 15, 2019 | Olivia Covington

A lawsuit alleging the Charlestown city administration is unconstitutionally using fines to force low-income residents to sell their homes to a developer is scheduled for trial next month.

Justices amend appellate procedure rules

October 14, 2019

The Indiana Supreme Court has made amendments to several Indiana Appellate Rules of procedure. The amended rules largely address changes in notice of appeal requirements.

COA divided on motion for discharge argument in molestation case

October 11, 2019 | Katie Stancombe

A split Indiana Court of Appeals has affirmed the denial of a man’s motion for discharge of his child molesting and child solicitation counts under Indiana Rule of Criminal Procedure 4(C), with a dissenting judge arguing that because proceedings were not stayed until months after an interlocutory appeal was filed and accepted, the tolling rule doesn’t apply.

Denial of last-minute habitual offender amendment upheld in triple-fatal

October 10, 2019 | Dave Stafford

A trial court’s denial of the state’s motion to amend the habitual offender charging information against a defendant hours before his scheduled trial date was upheld Thursday. The case involves a crash that killed three people after the suspect allegedly fled Evansville police.

Surgeon loses malpractice appeal in amputation case

October 10, 2019 | Katie Stancombe

A northern Indiana orthopedic surgeon has lost his appeal in a medical negligence case brought by a patient who continued to experience pain in his hand following a finger amputation.

Indianapolis man gets 53 years for murder of 1-year-old girl

October 10, 2019 | Associated Press

An Indianapolis man has been sentenced to 53 years in prison for the fatal shooting of a 1-year-old girl and the wounding of her 19-year-old aunt.

Mental health services center to open next year as first facility at justice center

October 9, 2019 | Lindsey Erdody and Indianapolis Business Journal Staff

A mental health services and addiction-treatment center planned for the city’s new Community Justice Campus will open years ahead of the new jail and courthouse facilities, Indianapolis Mayor Joe Hogsett announced Wednesday.

Indiana woman gets 5 years in killing, body-dumping case

October 9, 2019 | Associated Press

A woman who is one of five people charged in a torture-slaying has been sentenced to five years in prison.

Panelists urge counties to keep ‘open mind’ on pretrial release reform

October 8, 2019 | Olivia Covington

Stakeholders from around Indiana shared experiences and expectations regarding pretrial release reform as the entire state moves toward a system less reliant on cash bail beginning in January.

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