Indiana Supreme Court
Appeals court rehearing affirms serious violent felon conviction
April 8, 2013
Dave StaffordAn Indiana Supreme Court ruling that a conviction of possession of a firearm by a serious violent felon cannot have a sentence
enhanced under the habitual offender statute does not apply when the enhancement came for a separate conviction, the Indiana
Court of Appeals held Monday.
MorePublic input wanted on proposed changes to court rules
April 5, 2013
IL StaffThe Indiana Supreme Court wants to hear from judges, attorneys and the general public as it considers possible changes to
court rules.
MoreJustices affirm denial of killer’s post-conviction relief
April 5, 2013
Dave StaffordA man originally sentenced to die for the 2006 murders of a mother and her 8- and 13-year-old daughters will continue to serve
his converted sentence of life without parole after the Indiana Supreme Court on Thursday afternoon affirmed a trial court’s
denial of post-conviction relief.
MoreJustices divided over vacating transfer in drug case
April 3, 2013
IL StaffThree of the five Indiana justices have decided that the Indiana Court of Appeals decision in Andrew Humphreys’ case
challenging his habitual offender adjudication should stand, so they voted to vacate transfer granted in December.
MoreJustices accept 3 cases, including environmental suit
April 2, 2013
IL StaffThe Indiana Supreme Court agreed last week to take three cases – an environmental damages lawsuit, an insurance dispute
and a woman’s challenge to her drug charges.
MoreSullivan to mediate Lake Superior judge dispute
April 1, 2013
Dave StaffordFormer Justice Frank Sullivan will mediate a dispute over a Lake Superior Court judgeship vacancy, the Indiana Supreme Court
ordered Monday.
MoreKenley appears warm to boost in Odyssey funding
March 29, 2013
Dave StaffordSenate Appropriations Chairman Luke Kenley, R-Noblesville, on Thursday signaled he supported a boost in funding for the Odyssey
case management system and other court technology functions, after proposed funding was reduced in the House budget plan.
MoreProsecutor can’t grant use immunity to parents of injured infant
March 28, 2013
Jennifer NelsonThe Indiana Supreme Court held Wednesday that a prosecutor can’t petition a court to compel a party to testify under
the grant of use immunity when the party is the primary target of the investigation and has invoked his constitutional right
against self-incrimination if no charges have been filed or a grand jury proceeding hasn’t been initiated.
MoreHazing suit weighs college, fraternity liability
March 27, 2013
Dave StaffordA former freshman pledge hurt as fraternity brothers at Wabash College carried and then dropped him will have his case heard
by the Indiana Supreme Court, testing the reach of Indiana’s anti-hazing statute.
MoreVoucher program stands, Indiana Supreme Court rules
March 26, 2013
Dave StaffordIndiana’s school voucher program, considered the nation’s widest-reaching, is constitutional, the Indiana Supreme
Court unanimously ruled Tuesday.
MoreIndiana Supreme Court: school vouchers constitutional
March 26, 2013
IL StaffIndiana’s school voucher program is constitutional, the Indiana Supreme Court unanimously ruled Tuesday.
MoreLake County judge pro tem appointed to fill Bonaventura vacancy
March 25, 2013
Dave StaffordSenior Judge Thomas W. Webber Sr. was appointed a judge pro tem late Friday as the Indiana Supreme Court intervened further
in a controversy over who will be the next judge of the Lake Superior Court Juvenile Division.
MoreSupreme Court blocks Lake Superior judge’s transfer bid
March 21, 2013
Dave StaffordThe Indiana Supreme Court on Thursday afternoon issued an emergency order preventing a Lake County judge from taking over
the vacancy created when a fellow judge was tapped to lead the Department of Child Services.
MoreJustices order resentencing on habitual offender sentences
March 21, 2013
Jennifer NelsonThe Indiana Supreme Court on Thursday reversed the part of a White Superior Court’s sentencing order that a man who
pleaded guilty to theft and being a habitual offender must serve his sentence consecutively with a case out of Tippecanoe
County.
MoreJustices reaffirm ruling on sentence enhancements under habitual offender statute
March 21, 2013
Jennifer NelsonThe Indiana Supreme Court Thursday granted the state’s request for a rehearing in a case in which the justices determined
that Anthony Dye’s sentence for unlawful possession of a firearm by a serious violent felon, which was enhanced under
the general habitual offender statute, was an impermissible double enhancement.
MoreJustices vacate transfer to negligent design case
March 20, 2013
IL StaffThe Indiana Supreme Court issued an order Monday vacating its grant of transfer to a case filed by a man rendered a quadriplegic
after he fell out of a company truck’s utility bucket while working for Richmond Power.
MoreJustices take child support case
March 19, 2013
IL StaffThe Indiana Supreme Court granted transfer to just one case last week, a not-for-publication decision out of the Indiana Court
of Appeals dealing with a parent’s financial obligations to his children.
MoreDespite constitutional concerns, judicial nomination bill advances
March 18, 2013
Dave StaffordProposed changes to the panel that recommends judges for the Indiana Supreme Court and Court of Appeals advanced to the House
floor Monday, but not before some lawmakers said they reserved judgment on whether the measure was constitutional.
MoreWoman suing for unpaid wages passes ‘duck test’
March 13, 2013
Jennifer NelsonIndiana Justice Mark Massa made repeated references in Wednesday’s decision to the “Duck Test” – if
it walks like a duck, swims like a duck and quacks like a duck, it’s a duck – in a day laborer’s lawsuit
to recover unpaid damages from a Fort Wayne company. The justices found Brandy Walczak’s lawsuit may proceed under the
Wage Payment Act.
MoreIs COA opinion on threat to judge a threat to rights?
March 13, 2013
Dave StaffordAdvocates say imprisoned blogger's ruling out of the Indiana Court of Appeals imperils the First Amendment.
MoreJustices: Evidence of dismissed crimes allowable for post-conviction relief
March 12, 2013
Dave StaffordA Delaware County man who pleaded guilty to armed robbery and criminal confinement in a deal that dropped seven other felony
counts was not improperly denied post-conviction relief when a judge considered evidence of charges that were dismissed, the
Indiana Supreme Court ruled Tuesday.
MoreJustices take case alleging Wabash hazing
March 12, 2013
IL StaffThe Indiana Supreme Court will determine whether a college and a fraternity are liable for injuries a student received as
a result of a prank, and whether the incident rises to hazing.
MoreGingerich reversal won’t get high court review
March 8, 2013
Dave StaffordA boy believed to be the youngest person convicted as an adult in Indiana will get a fresh start in juvenile court after the
Indiana Supreme Court let stand a reversal of his conviction.
MoreGingerich reversal won’t get high court review
March 8, 2013
Dave StaffordThe Indiana Supreme Court will let stand the reversal of a trial court’s adult conviction and 25-year executed sentence
for Paul Henry Gingerich, who was 12 at the time he and an older boy shot and killed a Kosciusko County man.
MoreJustices remand for more proceedings on grandparent visitation order
March 7, 2013
Jennifer NelsonAfter finding a grandparent visitation order entered in Johnson County is voidable because of defects, the Indiana Supreme
Court sent the case back to the trial court for new findings and conclusions without hearing new evidence.
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Court Calendar
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May 28, 2013 The Estate of Richard A. Mayer and Spangler, Jennings & Dougherty, P.C., v. Lax, Inc., and David Lasco - 5/28/13
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June 12, 2013 Northern Assurance Company of America v. Thomson, Inc., et al. - 6/12/13
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June 18, 2013 State of Indiana v. Robert Owens - 6/18/13
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June 18, 2013 Winston K. Wood v. State of Indiana - 6/18/13
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Never heard of remand to another state. How often does that happen?
I highly recommend Deanna and her team of professionals that serve the legal community. Great information and many thanks for sharing.
they are pushing these cases against lawyers too far. thought-crime.
vagueness cannot challenged, so let's write all laws vaguely and throw the constitution out the window.Even if the court is operating under a particular law, if they don't it they will change it to their liking. What a joke!!!
Two convictions becomes one conviction with exactly the same sentence, only it is not clear wheter or not that sentence will be 18 months, 120 months or 138 months. Actually if the guns were in a home, whether or not they were his, he is protected under the 2nd amendment. Jurors need to learn the law and the constitution before judging others. The cour5ts need to do this as well.