51 results for 'court:"Indiana Supreme Court"'.
Per curiam, the Indiana Supreme Court finds that Judge Scott Norrick should be suspended without pay for 45 days for presiding over cases in which his son served as an attorney and failing to timely process cases, which caused the dismissal of 16 criminal matters.
Court: Indiana Supreme Court, Judge: Per curiam, Filed On: May 17, 2024, Case #: 24S-JD-35, Categories: Judiciary
J. Slaughter finds that the trial court improperly granted judgment to one defendant in an insurance dispute because a reasonable jury could have held that the insurer acted in bad faith by canceling coverage of plaintiff's vehicle. However, the court properly held that an insurance agent could not be found at fault. Reversed in part.
Court: Indiana Supreme Court, Judge: Slaughter, Filed On: May 6, 2024, Case #: 24S-CT-159, Categories: Insurance, Contract
J. Goff finds that defendant was properly sentenced for violating a no-contact order because defendant sent letters to his victim while serving time for domestic battery. The trial court may not have exactly adhered to sentencing principles, but the court properly considered defendant's pattern of committing similar offenses. Affirmed.
Court: Indiana Supreme Court, Judge: Goff, Filed On: May 2, 2024, Case #: 24S-CR-150, Categories: Sentencing, Restraining Order
J. Rush finds that the trial court improperly ruled in a forfeiture claims because evidence indicates defendant's aunt was the owner of the confiscated money and that the cash was not tied to criminal activity. Meanwhile, the court failed to make findings that the aunt was lying. Reversed.
Court: Indiana Supreme Court, Judge: Rush, Filed On: April 30, 2024, Case #: 23S-MI-345, Categories: Evidence, Forfeiture
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J. Goff finds that defendant was improperly convicted of murder because the jury had been given confusing instructions as to which party bore the burden of proof on the self-defense issue, and the instructions were not corrected during trial. Reversed.
Court: Indiana Supreme Court, Judge: Goff, Filed On: April 10, 2024, Case #: 24S-CR-123, Categories: Jury, Murder, Self Defense
J. Massa finds that the trial court properly ruled in negligence claims concerning spoiled evidence because the insurance company failed to demonstrate defendant had a duty to preserve a dehydrator as potential trial evidence. Affirmed.
Court: Indiana Supreme Court, Judge: Massa, Filed On: April 2, 2024, Case #: 23S-CT-272, Categories: Evidence, Negligence
J. Rush finds the trial court properly ordered the ex-husband to obtain a life insurance policy to secure the ex-wife’s portion of his police pension. Though the husband challenges the court's authority, saying it did not consider the tax consequences of his future pension payments, trial courts have broad authority to order a security or other guarantee to secure division of property. The court’s evidence-based findings support the judgment. The husband waives his tax consequences challenge due to his presenting the court with only speculation.
Court: Indiana Supreme Court, Judge: Rush , Filed On: March 20, 2024, Case #: 23S-DN-245, Categories: Family Law, Insurance, Property
J. Massa finds that defendant was improperly convicted of multiple firearms charges because evidence did not indicate defendant knowingly possessed a firearm constituting a machine gun. The conviction included the lesser offense of dangerously possessing a firearm, and thus other convictions should be dismissed for violating double jeopardy. Affirmed in part.
Court: Indiana Supreme Court, Judge: Massa, Filed On: March 12, 2024, Case #: 23S-JV-40, Categories: Firearms, Double Jeopardy
J. Massa finds that the trial court should have removed a senatorial candidate from the ballot because he failed to demonstrate that he was unfairly or unconstitutionally required to vote in consecutive republican primaries before running for office in that particular party, as he had not received differential treatment from other candidates. Reversed.
Court: Indiana Supreme Court, Judge: Massa, Filed On: March 6, 2024, Case #: 23S-PL-371, Categories: Civil Rights, Constitution, Elections
J. Molter finds that the court of appeals properly vacated theft convictions entered on charges that defendant continued to work remotely in serving as county commissioner after ceasing to reside in the county as required because evidence does not indicate defendant had reason to believe she was receiving pay improperly. Affirmed.
Court: Indiana Supreme Court, Judge: Molter, Filed On: February 15, 2024, Case #: 24S‐CR‐55, Categories: Evidence, Theft
J. Rush finds that the trial court properly declined to dismiss negligence claims contending a restaurant over-served a patron who proceeded to cause a car accident because state law does not eliminate common law liability for businesses that serve alcohol. Affirmed.
Court: Indiana Supreme Court, Judge: Rush, Filed On: February 12, 2024, Case #: 23S-CT-184, Categories: Negligence
J. Molter finds that the trial court improperly disqualified defendant's attorneys during his murder trial after becoming concerned that they were not representing defendant effectively. The judge should have considered less drastic measures and the attorneys should be reinstated. However, because the decision was not made with bias, defendant's request to have the judge replaced is denied. Reversed in part.
Court: Indiana Supreme Court, Judge: Molter, Filed On: February 8, 2024, Case #: 23S‐OR‐311, Categories: Judiciary, Murder
J. Slaughter finds that the trial court improperly ruled in an easement case. The evidence shows that the company does not have an easement over the property owners' land as a matter of law, and the matter should be remanded to determine if it has an easement due to prior use of the property. Reversed.
Court: Indiana Supreme Court, Judge: Slaughter, Filed On: February 8, 2024, Case #: 23S-PL-71, Categories: Property
J. Rush finds that the trial court properly held that a conservation officer with the department of natural resources had not acted criminally by charging a driver for hitting and killing the officer's family dog with her car, and thus that the state was properly required to indemnify the officer for acting in the course of his employment. The driver initially stopped after hitting the officer's dog but subsequently drove the last mile to her boyfriend's house so he could accompany her to the scene of the accident. The state contends the officer lied to law enforcement by contending the driver had not returned until the next day, but "the complaint was admitted for a limited purpose," which prevented the court from considering allegations in the complaint as proof that the officer lied. Affirmed.
Court: Indiana Supreme Court, Judge: Rush, Filed On: February 5, 2024, Case #: 24S-MI-46, Categories: Employment, Government, Indemnification
J. Goff finds that the trial court failed to fully determine defendant's ability to pay a fine and court costs. Indiana law allows courts to retain cash bail to cover certain court costs, but besides public defender and jury fees, the court must make a proper determination as to a defendant's ability to pay other court costs. Reversed in part.
Court: Indiana Supreme Court, Judge: Goff, Filed On: January 30, 2024, Case #: 23S-CR-232, Categories: Criminal Procedure, Bail
J. Goff finds that the trial court improperly ruled in negligence claims brought after plaintiff sustained injuries in a swimming pool. The court declined to find the architects who designed the pool at fault, but evidence remains in dispute as to whether the operator negligently maintained the pool. Reversed in part.
Court: Indiana Supreme Court, Judge: Goff, Filed On: January 9, 2024, Case #: 23S-CT-182, Categories: Negligence
Per curiam, the Indiana Supreme Court finds that attorney Marco Moreno should be disbarred for neglecting numerous clients and charging unreasonable fees. Meanwhile, he refused to cooperate with disciplinary investigations into his actions and abandoned his law practice.
Court: Indiana Supreme Court, Judge: Per Curiam, Filed On: December 19, 2023, Case #: 22S-DI-413, Categories: Attorney Discipline
Per curiam, the Indiana Supreme Court finds that attorney Angela Trapp should be suspended from the practice of law for 30 days for committing misconduct by making false statements to the court and knowingly communicating with someone represented by an attorney.
Court: Indiana Supreme Court, Judge: Per Curiam, Filed On: December 11, 2023, Case #: 22S-DI-254, Categories: Attorney Discipline
J. Molter finds an appeals court erred in reversing the decision of a trial court, which had correctly determined that a student could not bring a class action against Ball State University for claims relating to its handling of Covid. After the student filed suit, Indiana’s governor signed a law that specifically barred such class actions. The student’s rights are not infringed by that law, not least because he can still pursue personal and non-class claims against the university. Affirmed.
Court: Indiana Supreme Court, Judge: Molter, Filed On: November 21, 2023, Case #: 23S‐PL‐60, Categories: Education, Covid-19, Class Action
Per curiam, the Indiana Supreme Court finds that Attorney General Todd Rokita should be publicly reprimanded for appearing on television and describing a doctor as an "abortion activist acting as a doctor - with a history of failing to report." The attorney general admits his statement was improper because he was investigating the doctor, and the court agrees that a public reprimand and a $250 payment constitute sufficient punishment.
Court: Indiana Supreme Court, Judge: Per curiam, Filed On: November 2, 2023, Case #: 23S-DI-258, Categories: Attorney Discipline