Justices deny transfer in 24 cases, including case regarding conviction for crime defendant ‘did not commit’
The Indiana Supreme Court denied transfer to 24 cases for the week ending Dec. 2, including one case that split the court.
Justice Geoffrey Slaughter
Articles
Indiana Supreme Court grants transfer to fight over roof repair
A dispute involving a roof repair that led to a breach of contract claim and a counterclaim alleging a violation of the Indiana Deceptive Consumer Sales Act is headed for the Indiana Supreme Court after the justices granted transfer to the case.
IN justices grant transfer in murder-mental health case
A case concerning a man with serious mental health issues who went to prison after he killed his grandfather and sued the hospital he was getting treatment from will go before the Indiana Supreme Court.
Justices toss Gary ‘welcoming ordinance’ lawsuit for lack of standing
A lawsuit challenging the city of Gary’s “welcoming ordinance” for immigrants was thrown out Thursday by the Indiana Supreme Court after the justices determined the plaintiffs lacked standing to sue the city.
Justices split, find ‘jurisdictional gap’ in child molesting offense committed by minor who is now an adult
Neither the juvenile court nor the criminal court has jurisdiction over a man who allegedly committed child molesting while still a minor but whom the state did not attempt to criminally charge until he was over 21, creating a “jurisdictional gap” in cases where an offender ages out of the juvenile system, according to the Indiana Supreme Court. But the court’s majority holding was challenged by two dissenting justices, who argued the Indiana Legislature “would never have intended” for the alleged criminal act to go unpunished.
Justices remand appeal of moot commitment order, clarify precedent on public-interest exception in commitment cases
Despite her involuntary commitment order having long since expired, a woman will be permitted to challenge the order at the Court of Appeals of Indiana after the Indiana Supreme Court issued a decision clarifying its precedent on how appellate courts should review involuntary commitment cases that have become moot. A dissenting justice, however, repeated previous concerns about the majority’s approach to the public-interest mootness exception.
IU Maurer dean search committee named
Indiana Justice Geoffrey Slaughter has been named to the search committee that will identify candidates vying to fill the dean position at the Indiana University Maurer School of Law. The university hopes to name a new dean by Oct. 1.
Majority justices rule Duke can’t retroactively recover coal-ash cleanup costs
Indiana Supreme Court justices were divided on an issue of first impression brought by Duke Energy and the Indiana Utility Regulatory Commission, ultimately ruling that the utility cannot recover past coal-ash cleanup costs adjudicated under a prior rate order by treating the costs as a capitalized asset.
Pro se attorney gets public reprimand from justices for direct email to opposing party
Describing an Indianapolis lawyer as “his own worst enemy” when it comes to electronic communications, a split Indiana Supreme Court has issued a public reprimand after the lawyer sent a threatening email directly to an opposing party rather than working through another lawyer. A dissenting justice, however, said the rule in question in this issue of first impression does not apply to pro se lawyers like the attorney who was disciplined.
Supreme Court adopts Savage rule, finds Celadon not liable for driver injury
In a case of first impression, a split Indiana Supreme Court adopted the Savage rule in finding that Celadon Group was not liable for injuries a truck driver sustained when he opened the doors of a trailer and a load of “used, oily trays” fell on him.
Applications open for St. Joseph Superior Court vacancy
A St. Joseph County judge retired earlier this month, prompting the Judicial Nominating Commission to begin searching for his replacement on the bench.
Slaughter, Fisher discuss states’ roles in constitutional law
To mark Constitution Day, Indiana University Maurer School of Law’s Federalist Society hosted two prominent figures of the state’s legal community this week to discuss the states’ involvement in the development of American constitutional law.
Supreme Court overturns acquittal for man who fatally shot wife
In the latest appeal stemming from the prosecution of a Long Beach man who killed his wife nearly 10 years ago, Indiana Supreme Court justices split ways in overturning the acquittal of his crime. One justice would have let the acquittal stand.
5 finalists for St. Joseph Superior Court vacancy announced
The St. Joseph County Judicial Nominating Commission has announced its five finalists to fill the vacancy left by retired St. Joseph Superior Court Judge David Chapleau.
Supreme Court defines ‘patient’ to include third-party plaintiff
Does the definition of “patient” in Indiana’s Medical Malpractice Act encompass third parties? The Indiana Supreme Court, in considering a certified question from the 7th Circuit Court of Appeals, has decided the answer is “yes.” But not every justice was convinced.
IN Supreme Court: ‘Patient’ under med-mal act includes third-party plaintiffs
Answering a question posed by the 7th Circuit Court of Appeals, the Indiana Supreme Court on Wednesday ruled that Indiana’s Medical Malpractice Act applies to cases where a third-party plaintiff alleges that negligent treatment to someone else resulted in injury to the plaintiff. One justice, however, cautioned against the expansion of the Medical Malpractice Act.
Justices reject appeal to make public Indianapolis’ Amazon HQ2 offer
The Indiana Supreme Court has declined to hear an appeal from a tax trade publication that sought disclosure of tax dollars and incentives Indianapolis and the state offered Amazon in the city’s failed attempt to lure the online retail giant’s coveted second headquarters project known as HQ2.
Split Supreme Court upholds denial of LWOP defendant’s pro se request
A Boone County murder defendant convicted and sentenced to life without parole failed to convince a majority of the Indiana Supreme Court that the trial court improperly denied his request to proceed pro se. The majority provided an analysis for considering pro se requests in capital and LWOP sentences, but minority justices raised concerns about the majority “till(ing) new constitutional soil.”
Holcomb signs bill changing Lake, St. Joe JNCs
The structure of judicial selection in Lake and St. Joseph counties will soon change now that Indiana Gov. Eric Holcomb has signed controversial legislation changing the composition of the judicial selection panels in the northern Indiana counties.
Justices overturn ruling to pay contractor after bank acquired business
The Indiana Supreme Court on Thursday struck down lower court rulings in favor of an unpaid contractor that performed work for a South Bend business, finding that because the business’s assets are now owned by a bank rather than the prior company, the new bank-owned business is not liable for the bill.