Indiana Supreme Court

Justices add 2 foreclosure cases to docket

April 20, 2015
Dave Stafford
A challenge to a foreclosure judgment against a bank that was reinstated by a divided Court of Appeals panel will be heard by the Indiana Supreme Court. Justices granted transfer in two mortgage foreclosure cases last week.
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Murderer’s writ for relief denied by 7th Circuit

April 15, 2015
Jennifer Nelson
For the fourth time, a northern Indiana man’s appeal of his death sentence for four murders has come before the 7th Circuit Court of Appeals. This time, the judges affirmed the denial of his writ for habeas corpus.
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Evansville residency ordinance hearing to be broadcast

April 13, 2015
Jennifer Nelson
Indiana Chief Justice Loretta Rush has approved a Vanderburgh Superior judge’s request that an en banc hearing be held regarding an ordinance passed last year that says a person appointed to a board serving the city of Evansville must live in the city.
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Split court reinstates guilty but mentally ill verdict

April 9, 2015
Jennifer Nelson
The Indiana Supreme Court on Wednesday concluded that based on circumstantial evidence, a jury could have reasonably found a northern Indiana man guilty but mentally ill of attempted murder, despite testimony from experts that the man was insane at the time of the 2004 shootings.
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Justices order more proceedings on fees owed to law firm

April 9, 2015
Jennifer Nelson
The Indiana Supreme Court noted that a trial court did not take into account caselaw when it denied an Indianapolis firm’s request for quantum meruit relief.
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Vet: Unjust civil commitment 'takes everything' away

April 8, 2015
Dave Stafford
A Marine Corps veteran is trying to put his life back together after he was wrongly committed when a court found him gravely disabled and dangerous. His case before the Indiana Supreme Court recently reformed the requirements necessary to deprive the liberty of someone with mental illness.
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Nineteen counties split nearly $243K in family court grants

April 6, 2015
Dave Stafford
Family courts around Indiana will receive $242,911 in grant money to support projects, the Indiana Supreme Court announced Monday. A total of 19 counties will each receive grants of $4,000 to $35,000.
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Divided court lets stand suppression of pat-down evidence

March 30, 2015
Dave Stafford
Three of Indiana’s five Supreme Court justices vacated transfer on a suppression-of-evidence case, letting stand a divided Court of Appeals ruling that a trial court abused its discretion by admitting evidence obtained in a questionable pat-down search.
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Justices agree to rewrite footnote conflicting with opinion

March 26, 2015
Dave Stafford
The Indiana Supreme Court agreed to rewrite a footnote that was at least confusing if not in conflict with its opinion in a case reviewing an action of the Department of Insurance.
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Justices spell out required 'presumption of innocence' jury instruction

March 25, 2015
Dave Stafford
A convicted murderer who didn’t receive a requested jury instruction on the presumption of innocence lost his appeal Wednesday, but the Indiana Supreme Court used the case to impart an exact instruction trial courts must use going forward upon request.
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Justices hear textbook case of errors in evidence

March 25, 2015
Dave Stafford
A man who stabbed his son-in-law and was convicted of battery with a deadly weapon argues trial court errors prevented him from presenting evidence that he acted in self-defense. The appellant claims the victim was the first to strike, whacking him with a 2-by-4 piece of lumber.
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Lawyer who tried to trade representation for sex suspended

March 24, 2015
Dave Stafford
A former Marion County public defender accused of offering to trade legal service for sex with a prostitute has been suspended from the practice of law.
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Incredible dubiosity argument does not sway Indiana Supreme Court

March 24, 2015
Marilyn Odendahl
Inconsistencies from witnesses on the details of a crime did not convince the Indiana Supreme Court to overturn a jury’s verdict that found a South Bend man guilty of two murders.
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Justices find no public school transportation mandate

March 24, 2015
Dave Stafford
A dispute over a suburban Indianapolis school system’s fees for bus service ended Tuesday with the state Supreme Court ruling that public schools are not constitutionally required to provide transportation for students.
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Justices reverse trespass conviction of man near break-in scene

March 24, 2015
Dave Stafford

The Indiana Supreme Court reversed the trespassing conviction of a man arrested by Indianapolis police who saw him running in a field near the scene of a reported break-in.

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Divided court returns forfeited Buick to owner

March 24, 2015
Dave Stafford
A woman working at a Wal-Mart return center who helped herself to four iPhones on the way out the door wrongly had her car seized as a result of the conviction, a majority of the Indiana Supreme Court ruled Tuesday. Justices reversed lower court civil forfeiture orders.
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Court declines Evansville woman’s suit over flood damage

March 24, 2015
 Associated Press
The Indiana Supreme Court has declined to hear the case of an Evansville woman who sued the city over flood damage to her home that she blames on a storm sewer pipe.
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Life insurance bankruptcy exemptions apply to nondependent spouses, children

March 20, 2015
Dave Stafford
The Indiana Supreme Court Friday settled a certified question on whether nondependent spouses and children enjoy the exemption granted to life insurance policy beneficiaries who are “the spouse, children, or any relative dependent upon” the debtor. They do, the court concluded.
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Floyd County prosecutor accused of misconduct

March 20, 2015
 Associated Press
A complaint has been filed against an attorney who led the prosecution against a former Indiana State trooper acquitted of killing his wife and two children.
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Justices reverse Marine veteran's involuntary commitment

March 20, 2015
Dave Stafford
A Marine veteran was wrongly committed for mental health treatment, the Indiana Supreme Court ruled Thursday. Justices reversed a trial court involuntary commitment order affirmed in a memorandum Court of Appeals opinion and swept away precedent in similar cases.
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Justices affirm brother committed 3 separate breaches of contract

March 18, 2015
Jennifer Nelson
The Indiana Supreme Court agreed with the Court of Appeals on Tuesday that a man who purchased three properties outside of the joint business with his brother breached a noncompetition agreement with respect to all three properties.
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Justices dismiss Ball State from mother’s action seeking college expenses from ex-husband

March 18, 2015
Jennifer Nelson
Ball State University should not have been added as a supplemental defendant in a woman’s petition to modify child support and seek postsecondary expenses from her ex-husband for her daughter, the Indiana Supreme Court held Wednesday.
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Supreme Court seeks comments on fee sharing, small claims rule changes

March 17, 2015
IL Staff
The Indiana Supreme Court Committee on Rules of Practice and Procedure wants to know what attorneys think about proposed rule amendments affecting fee sharing by attorneys and change of judge procedures in small claims cases.
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Indiana Supreme Court hears disputed adoption of 2 boys

March 17, 2015
 Associated Press
An attorney for a woman who's challenging her two grandsons' adoption by their maternal grandmother told the Indiana Supreme Court on Monday that their adoptions should never have happened because the other woman's felony conviction disqualifies her from being an adoptive parent.
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Judge who oversaw troubled Clark County drug court finished

March 13, 2015
Dave Stafford
A former Clark Superior judge who oversaw the southern Indiana county’s drug court and left the bench amid allegations of jailing participants without due process will never serve as an Indiana judge again.
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  1. When I hear 'Juvenile Lawyer' I think of an attorney helping a high school aged kid through the court system for a poor decision; like smashing mailboxes. Thank you for opening up my eyes to the bigger picture of the need for juvenile attorneys. It made me sad, but also fascinated, when it was explained, in the sixth paragraph, that parents making poor decisions (such as drug abuse) can cause situations where children need legal representation and aid from a lawyer.

  2. Some in the Hoosier legal elite consider this prayer recommended by the AG seditious, not to mention the Saint who pledged loyalty to God over King and went to the axe for so doing: "Thomas More, counselor of law and statesman of integrity, merry martyr and most human of saints: Pray that, for the glory of God and in the pursuit of His justice, I may be trustworthy with confidences, keen in study, accurate in analysis, correct in conclusion, able in argument, loyal to clients, honest with all, courteous to adversaries, ever attentive to conscience. Sit with me at my desk and listen with me to my clients' tales. Read with me in my library and stand always beside me so that today I shall not, to win a point, lose my soul. Pray that my family may find in me what yours found in you: friendship and courage, cheerfulness and charity, diligence in duties, counsel in adversity, patience in pain—their good servant, and God's first. Amen."

  3. Lots of potential "good boys" right in the heart of our nation .... "Nashville, TN has gained a reputation as a new “Ellis Island,” a magnet for immigrants from around the world. The number of foreign-born residents in the area has grown from 2 percent to almost 12 percent." Some 30 percent of students in Metro schools live in homes in which English is not the primary language. In 2012 Nashville had the fastest-growing immigrant population of any American city. It is the home of the nation’s largest Kurdish population, as well as sizable numbers from other countries such as Somalia, Sudan, Egypt, Eretria and Bhutan. Nashville has traditionally had a sizable and prominent African-American community, which accounts for nearly 16 percent of its population." http://www.tennessean.com/story/opinion/contributors/2015/05/17/nashville-welcoming-immigrants/27479183/ SMILE & CELEBRATE DIVERSITY!

  4. This story linked below about FBI shooting an unarmed Chechen suspect in his apartment six times in the chest and once in the back of the head, is unrelated. IT has NOTHING to do with Tsaernayev. And the agent was cleared of wrongdoing, even though the story says nothing of the other agents there with him at the time. Maybe the unarmed suspect was making a move for a butter knife on the table before they began punching him full of holes. Sad but of course, wholly unrelated....nothing to see here, keep moving http://www.npr.org/sections/thetwo-way/2014/03/21/292441681/reports-fbi-agent-who-killed-chechen-during-boston-bombing-probe-is-cleared

  5. Oh, bsides these troubled youts, maybe a few ex-contractors they had to relocate after Russia crushed the Western instigated insurgency, that's all. Nice boys. But when they go wrong, they need to be silenced. http://www.reuters.com/article/2009/09/24/us-russia-chechnya-cia-idUSTRE58N5S120090924

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