Articles

New lawyers advised they cannot achieve success by themselves

As the newest group of Indiana attorneys raised their right hands and took their admission oaths Tuesday, they were reminded that just as they needed to achieve this success, they will continue through their careers to need a little help from their friends. The 120 individuals who passed the February 2019 Indiana Bar Exam were admitted to the Indiana Supreme Court as well as the Northern and Southern Indiana District Courts.

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David, Goff publish dissent after justices let stand parents’ reimbursement order

Two Indiana Supreme Court justices have once again published a dissent from a 3-2 transfer ruling, which this time let stand a monthly reimbursement order for the parents of an adjudicated teen despite their alleged struggle to meet the payment requirements. Justices Steven David and Christopher Goff argued the trial court should have conducted a specific inquiry into the parents’ ability to pay the ordered reimbursement.

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David, Rush publish dissent as high court lets stand sentencing via video

Indiana’s chief justice and the most senior jurist on the Indiana Supreme Court published a sharp dissent Tuesday from a 3-2 ruling that could pave the way for defendants to be sentenced via video. Chief Justice Loretta Rush and Justice Steven David argued in the minority that defendants have a constitutional right to be physically present when a judge imposes a sentence for a crime.

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Justices: Proven misuse a defense to product liability claims

The Indiana Supreme Court has upheld the grant of summary judgment to a tool manufacturer sued after a man lost his eye while using one of the manufacturer’s products, finding the man’s misuse of the tool in question was the cause of his injuries and was a complete defense to his product liability claim.

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Absent juvenile did not waive rights, split Supreme Court rules

The Indiana Supreme Court split over whether a juvenile waived his right to be present when he skipped his hearing, but the justices came together in calling for a legislative remedy. Justices in a 3-2 decision reversed the teen’s juvenile delinquency adjudication.

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Applications open to succeed retiring Allen Judge Levine

The Allen Superior Court Judicial Nominating Commission is now accepting applications from candidates who wish to fill a second pending vacancy in the county’s superior court. Applications to succeed retiring Judge Stanley Levine will be accepted through Sept. 14.

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Allen County JNC to interview candidates to replace Surbeck

The Allen Superior Court Judicial Nominating Commission will interview seven applicants next week to fill an upcoming vacancy in the court’s Criminal Division. The applicants are vying to succeed Judge John Surbeck, one of two longtime Fort Wayne jurists who will retire at the end of the year.

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Justices toss 2 resisting convictions from triple-fatality

A wrong-way driver who caused the deaths of three adults and one unborn child while fleeing police had two of his three convictions for resisting law enforcement overturned after the Indiana Supreme Court determined state law allows only one conviction for each act of resisting.

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Justices: Motel room used for sting operation was not ‘place of detention’

The Indiana Supreme Court has upheld the admission of incriminating statements made in a motel room during an undercover drug investigation after finding the motel room was not a “place of detention” requiring an electronic record of the statements. The court also created a test for analyzing whether a location can be considered a “place of detention” under Indiana Evidence Rule 617.

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