Six candidates to interview for Allen County judicial vacancy
The Allen County Judicial Nominating Commission will interview each candidate next week and select three finalists for the post.
Justice Christopher Goff
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‘The battle isn’t over’: Near-total abortion ban in effect, but litigation continues
It’s been a year of legal battles for both sides of the abortion issue in Indiana, with a struggle in the courts still playing out as the state’s near-total ban takes effect for the second time.
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2022 in review: Honorable mentions
While the “top stories” of each year are usually easy to define, there are always other stories that, while perhaps not as high-profile, are equally as important to our readers.
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Online admission ceremony celebrates new lawyers, honors Justice Ginsburg
The Indiana Supreme Court hosted the Fall 2020 Bar Admission Ceremony by videoconference Monday in keeping with safeguards of hosting once events online amid the COVID-19 pandemic. Many of the speakers encouraged new Indiana lawyers to look to the example of the late Justice Ruth Bader Ginsburg.
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Sharply divided Supreme Court sides with smartphone owner in self-incrimination case
A harshly split Indiana Supreme Court has ruled 3-2 in favor of a woman who was found in contempt for refusing to unlock her smart phone in a criminal investigation. A majority of the high court reversed the contempt order, holding in a landmark ruling that forcing her to unlock her iPhone would violate her Fifth Amendment right against self-incrimination.
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Articles
Six apply for impending Allen County judicial vacancy
Three magistrate judges and three attorneys have applied for an upcoming vacancy on the Allen Superior Court bench.
IN Supreme Court grants transfer for Elkhart County cases where judge forced to recuse
The Indiana Supreme Court accepted seven cases for transfer last week, including four with motions that called for an Elkhart County judge’s recusal.
High court grants transfer of adult entertainment theater, officer expungement cases
The Indiana Supreme Court granted the transfer of four cases last week that separately involve an adult theater, a pedestrian accident, a development dispute and the expungement of a police officer’s arrest.
Indiana Supreme Court agrees to hear battery case
The Indiana Supreme Court granted the transfer of a battery case last week and denied 47 other requests.
Indiana Supreme Court’s ruling in Indy teen’s machine-gun possession case offers new guidance on ‘double jeopardy’
The Indiana Supreme Court ruled this week that juvenile offenses for possession of a dangerous firearm and possession of a machine gun constituted double jeopardy for an Indianapolis teen, providing more guidance on the test used to determine whether a person is being prosecuted more than once for the same crime.
IN Supreme Court denies 19 transfers, grants 1
The Indiana Supreme Court denied 19 transfer petitions and granted one for the week ending Feb. 16.
Credit union’s ‘persistent disavowal’ of rehearing arguments leads justices to uphold original decision, but with a caveat
A credit union’s “persistent disavowal” of the arguments it raised on rehearing led the Indiana Supreme Court to reaffirm its prior ruling that the credit union cannot compel arbitration in a customer’s class-action.
IN justices: Cash bail can be retained for representation costs, but other fines, fees, costs require indigency hearing
State statute authorizes trial courts to retain cash bail for the payment of public defender fees, but an indigency hearing is required before the cash can be retained for most other fines, fees and costs.
IN justice’s allow inmate’s med-mal case against prison docs to continue
An inmate who alleged prison officials were deliberately indifferent to his serious medical needs can proceed with his case against prison doctors after the Indiana Supreme Court reversed the grant of summary judgment to the defendants.
Attorney who forged signatures on adoption docs gets 30-day suspension
A Zionsville attorney who forged a signature on multiple adoption documents has been suspended from the practice of law in Indiana for 30 days with automatic reinstatement.
IN justices to consider prolonged traffic stop in drug case
The Indiana Supreme Court has agreed to hear a case in which a defendant is challenging the admission of drug-related evidence that he says was illegally obtained.
IN Supreme Court rejects summary judgment for owner of fitness facility where swimmer suffered head injury
The owner of a health and fitness center where a woman suffered a head injury while swimming must face the woman’s negligence-related claims, the Indiana Supreme Court ruled in finding the gym’s owner is not entitled to summary judgment.
IN justices deny 18 transfer petitions
The Indiana Supreme Court denied transfer to 18 cases last week, granting just one transfer petition.
IN justices grant transfer in 2 cases, deny case that split COA over new double jeopardy rules
Indiana Supreme Court justices granted transfer to two cases last week, including one involving a woman who sued a Red Lobster restaurant for negligence after tripping on an unmarked elevated portion of the restaurant’s floor.
Rokita reprimanded for comments about Dr. Bernard
The Indiana Supreme Court has publicly reprimanded Attorney General Todd Rokita for comments he made about Dr. Caitlin Bernard, the OB-GYN at the center of a controversy over abortion rights in Indiana.
IN justices: Civil forfeiture defendants have constitutional right to jury trial
Defendants to civil forfeiture actions have a constitutional right to trial by jury in Indiana, the state Supreme Court has ruled.
IN Supreme Court: Credit union member’s silence on proposed agreement addendum did not constitute acceptance
A woman who filed a class-action complaint against a credit union didn’t accept an addendum to an agreement that would have forced arbitration, a split Indiana Supreme Court has ruled in reversing a trial court’s decision.
Admission ceremony extra special for 2 judges with children among admittees
Indiana’s newest lawyers took their oaths of admission Wednesday as the state’s jurists showered them with praise for their accomplishments and offered advice about moving forward into the legal community.
On rehearing, split justices reaffirm that man who waived right to appeal can’t pursue direct appeal
A man convicted on several theft-related charges can’t directly appeal his sentence after he and his attorney signed a plea agreement waiving his right to appeal, a split Indiana Supreme Court again ruled Tuesday in a modified opinion on rehearing.