Indiana Supreme Court

Award of attorney fees in wrongful death depends on existence of survivors

August 27, 2015
Marilyn Odendahl
In a case of first impression, the Indiana Supreme Court said it was “neither absurd nor contrary to public policy” to find the state’s General Wrongful Death Statute provides different damage awards depending on survivors.
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Justices affirm denial of intervention in lengthy foreclosure suit

August 27, 2015
Dave Stafford
A clerk’s failure to docket a Carmel homeowner association’s judgment against a homeowner doesn’t mean a mortgagee was denied notice that a claim existed against the property, the Indiana Supreme Court ruled Thursday. Justices held a lis pendens filing  provided sufficient notice.
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Indiana justices hear dispute over '0INK' vanity plate

August 27, 2015
 Associated Press
A state lawyer argued Indiana’s Bureau of Motor Vehicles has the right to reject offensive messages sought on personalized license plates because every license plate has some government speech on it.
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Justices OK award of attorney fees in mechanic’s lien suit

August 26, 2015
Dave Stafford
Subcontractors who worked on an IMAX movie theater in Portage and had to foreclose mechanic’s liens in order to get paid are entitled to legal fees, the Indiana Supreme Court ruled, affirming a Porter Superior trial court.
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Days on appeal bond not subject to credit time

August 26, 2015
Dave Stafford
A defendant who was released after an appeals court vacated a conviction that was later upheld by the Indiana Supreme Court cannot count the time he was released pending appeal against his sentence.
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Maternity leave not excusable neglect for bank, but remand ordered

August 24, 2015
Dave Stafford
Huntington Bank failed to convince the Indiana Supreme Court that an overlooked notice in a mortgage foreclosure case was excusable neglect because the person who normally handled such notices was on maternity leave.
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Supreme Court reverses termination of father’s parental rights

August 21, 2015
Marilyn Odendahl
A man serving a 10-year sentence for dealing in methamphetamine, neglect of a dependent and maintaining a common nuisance is being given the opportunity to show he has changed.
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Supreme Court rejects Think Tank trade secret appeal

August 17, 2015
IL Staff
A divided Indiana Supreme Court declined to hear an appeal from a northwest Indiana software company that unsuccessfully sued former employees it claimed divulged trade secrets to a competitor.
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Estate battle remanded to trial court to determine timeliness

August 4, 2015
Marilyn Odendahl
An heir was successful in asserting he had a claim to his father’s estate but has more work to convince the courts he filed his claim in a timely manner.
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2015 conference of judicial PIOs kicks off in Indianapolis

August 3, 2015
Marilyn Odendahl
Media liaisons and judicial spokespeople from around the United States are in Indianapolis for the 2015 annual meeting of the Conference of Court Public Information Officers Aug. 3 - 5. This is the first time the conference has visited Indiana.
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Justices affirm molestation conviction despite vouching testimony

July 30, 2015
Dave Stafford
A man’s conviction of Class C felony child molestation was affirmed Thursday by the Indiana Supreme Court, which held that even though improper vouching testimony was admitted in error, the defendant failed to preserve the issue for appeal.
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Rehearing finds defendant can raise additional defenses

July 30, 2015
Marilyn Odendahl
In tweaking an earlier reversal, the Indiana Supreme Court has given the defendant the avenue to raise additional unasserted defenses.
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State orders 2 to stop unauthorized practice of law

July 27, 2015
Dave Stafford
Two people have been ordered this month by the Indiana Supreme Court to cease the unauthorized practice of law.
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Members appointed, reappointed to race and fairness commission

July 27, 2015
IL Staff
Four new members have been appointed and eight current members reappointed to terms on the Indiana Supreme Court Commission on Race and Gender Fairness.
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Supreme Court disbars suspended Fort Wayne lawyer

July 21, 2015
Dave Stafford
A Fort Wayne lawyer’s latest disciplinary matter resulted in his disbarment for taking $8,725 from clients he represented in a bankruptcy case.
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Justices take drug-buy sting appeal

July 21, 2015
Dave Stafford
The Indiana Supreme Court will review the conviction of a man arrested after authorities set up controlled cocaine purchases from him.
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Supreme Court won't hear ex-Indiana elections chief appeal

July 17, 2015
 Associated Press
The Indiana Supreme Court has denied a request by former Secretary of State Charlie White that it review a state appeals court decision upholding his three felony convictions for voter fraud, theft and perjury.
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Court aid offered for non-English-speaking, pro se litigants

July 16, 2015
IL Staff
Court improvement grants of up to $50,000 are available to assist unrepresented litigants and those with limited English proficiency.
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Some justices dubious of synthetic drug law arguments

July 15, 2015
Dave Stafford
At least two of Indiana’s five Supreme Court justices were openly skeptical of arguments that the state’s scheme for criminalizing synthetic drugs such as Spice and bath salts is unconstitutional, as the Court of Appeals ruled.
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Lawyer suspended for distributing pseudoephedrine

July 10, 2015
Dave Stafford
A South Bend attorney who pleaded guilty to federal charges that she supplied a key ingredient to members of a meth ring has been suspended from the practice of law for three years.
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Supreme Court appoints Valpo law professor to rules committee

July 8, 2015
IL Staff
Valparaiso University School of Law professor Del Wright Jr. has been appointed to the Indiana Supreme Court Committee on Rules of Practice and Procedure.
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Indiana Supreme Court weighs case on custody, mental illness

July 6, 2015
 Associated Press
The Indiana Supreme Court is weighing an emotionally charged case in which a man lost custody of his daughter after spurning child-welfare officials’ suggestions that he leave his mentally ill wife based on their fears that she might harm the girl.
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In 3-2 decision, justices reinstate molestation conviction

July 6, 2015
Dave Stafford
A 3-2 decision of the Indiana Supreme Court on Thursday reinstated a Class A felony child molestation conviction that the Court of Appeals reversed because the defendant was denied opportunities to admit evidence.
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Divided justices deny State Fair stage collapse appeal

July 1, 2015
Dave Stafford
Victims who contested a settlement after the 2011 Indiana State Fair stage collapse failed to persuade a majority of Indiana Supreme Court justices to hear their appeal.
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Drawing the line regarding bystanders

July 1, 2015
Dave Stafford
A moped fatality case before the Indiana Supreme Court tests who may press negligent infliction of emotional distress claims.
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  1. The ADA acts as a tax upon all for the benefit of a few. And, most importantly, the many have no individual say in whether they pay the tax. Those with handicaps suffered in military service should get a pass, but those who are handicapped by accident or birth do NOT deserve that pass. The drivel about "equal access" is spurious because the handicapped HAVE equal access, they just can't effectively use it. That is their problem, not society's. The burden to remediate should be that of those who seek the benefit of some social, constructional, or dimensional change, NOT society generally. Everybody wants to socialize the costs and concentrate the benefits of government intrusion so that they benefit and largely avoid the costs. This simply maintains the constant push to the slop trough, and explains, in part, why the nation is 20 trillion dollars in the hole.

  2. Hey 2 psychs is never enough, since it is statistically unlikely that three will ever agree on anything! New study admits this pseudo science is about as scientifically valid as astrology ... done by via fortune cookie ....John Ioannidis, professor of health research and policy at Stanford University, said the study was impressive and that its results had been eagerly awaited by the scientific community. “Sadly, the picture it paints - a 64% failure rate even among papers published in the best journals in the field - is not very nice about the current status of psychological science in general, and for fields like social psychology it is just devastating,” he said. http://www.theguardian.com/science/2015/aug/27/study-delivers-bleak-verdict-on-validity-of-psychology-experiment-results

  3. Indianapolis Bar Association President John Trimble and I are on the same page, but it is a very large page with plenty of room for others to join us. As my final Res Gestae article will express in more detail in a few days, the Great Recession hastened a fundamental and permanent sea change for the global legal service profession. Every state bar is facing the same existential questions that thrust the medical profession into national healthcare reform debates. The bench, bar, and law schools must comprehensively reconsider how we define the practice of law and what it means to access justice. If the three principals of the legal service profession do not recast the vision of their roles and responsibilities soon, the marketplace will dictate those roles and responsibilities without regard for the public interests that the legal profession professes to serve.

  4. I have met some highly placed bureaucrats who vehemently disagree, Mr. Smith. This is not your father's time in America. Some ideas are just too politically incorrect too allow spoken, says those who watch over us for the good of their concept of order.

  5. Lets talk about this without forgetting that Lawyers, too, have FREEDOM OF SPEECH AND ASSOCIATION

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