The Indiana Supreme Court has split in the denial of transfer in a case involving a fatal altercation between a psychiatric patient and a caregiver, with two justices dissenting from the holding that ensuing wrongful-death litigation should be brought under the Medical Malpractice Act.
In a case of first impression, the Indiana Supreme Court found a trial rule trumped the CHINS statutory deadline after a mother was first granted a continuance, then moved to have the case dismissed because the court took longer than 120 days to complete the factfinding.
Questions about whether minor felonies reduced to misdemeanor convictions should trigger new five-year waiting periods for people seeking a criminal expungement caused confusion Thursday among some members of the Indiana Supreme Court.
The Indiana Supreme Court denied transfer in 21 cases last week but agreed to hear a motion for discharge argument in a molestation case.
He describes himself as “a kid from a cornfield.” And for Justice Christopher Goff, ties to his cornfield community run deep.
The sentencing fate of a man convicted as a teenager of murder is in the hands of the Indiana Supreme Court as the justices decide how they will rule in the case concerning a “de facto life sentence” for the teen.
A split Indiana Supreme Court has denied transfer to a case disputing exactly how many times a trial court is required to give admonishments to a jury, but two justices published a dissent to that decision.
Justice Steven David was never specifically asked to be on the Indiana Supreme Court. Even so, when Justice Ted Boehm retired, David, now the longest-serving justice, said he decided to take a shot at serving Indiana at the highest judicial level. “I’m not sure how I got here, but I’m here,” David said in an interview with Indiana Lawyer. “I wanted to serve.”
A man’s conviction in a domestic battery case after both defense and prosecution asked for a mistrial because a relative of the defendant communicated with a juror outside court will stand after the Indiana Supreme Court in a 3-2 decision chose not to hear the appeal. Chief Justice Loretta Rush and Justice Steven David published a dissent, believing the defendant had been prejudiced and was entitled to a new trial.
Two juveniles will remain wards of the Indiana Department of Correction after the Indiana Supreme Court found that while their participation in their modification hearings through Skype violated an administrative rule, it did not cause a fundamental error.
A Muncie attorney who was suspended for at least three years without reinstatement for numerous professional misconduct violations has been granted his petition to practice law again, but with conditions.
To celebrate the conclusion of a years-long rollout of electronic filing in all 92 Indiana counties, a statewide e-filing celebration will be hosted by the Indiana Supreme Court to mark the milestone. The celebration will take place at 12 p.m. Wednesday in the Sullivan County Courthouse.
Indiana Chief Justice Loretta Rush will serve a second term as head of the Hoosier judiciary after a unanimous reappointment vote Wednesday from the Judicial Nominating Commission.
The estate of a murdered teenage boy could not convince the Indiana Supreme Court that his school was negligent for his death. Instead, justices found the estate’s claims to be barred under contributory negligence law.
In upholding a decades-old rule recently codified through a legislative amendment, the Indiana Supreme Court has ruled in companion cases that trial courts can only modify a sentence entered as part of a fixed-plea agreement if the modified sentence would not have violated the plea agreement at the time the sentence was originally imposed.
The Indiana Judicial Nominating Commission will vote this month to select the state’s next chief justice. In Friday announcement, the Indiana Supreme Court said the commission will begin interviews regarding the reappointment of Chief Justice Loretta H. Rush at 9 a.m. August 21 in Room 319 of the Statehouse.
In response to the question of whether the Department of Child Services can file successive CHINS petitions based on evidence available at the time of the original petition — a practice that has drawn ire from the Indiana Court of Appeals — the Indiana Supreme Court has ruled that such a practice is barred. However, the specifics of the case the court addressed Thursday did not require reversal.
The tables were turned on the Indiana Supreme Court justices Friday morning. Instead of being the ones to ask the questions, the five justices were treated as potential jurors during a panel discussion at the Indiana State Bar Association Solo/Small Firm Conference in French Lick.
As the newest group of Indiana attorneys raised their right hands and took their admission oaths May 14, they were reminded that just as they needed to achieve this success, they will continue throughout their careers to need a little help from their friends.
Indiana Supreme Court justices have affirmed a trial court’s admission of a man’s post-arrest silence before he was read his Miranda rights, finding he opened the door of evidence and that no fundamental error existed.