Indiana Supreme Court

Supreme Court hears arguments in threat case

June 30, 2016
Scott Roberts
The Indiana Supreme Court heard arguments Thursday morning on whether to grant transfer in a case on the question of whether an arrestee's statement could be considered a true threat because there is no evidence that the officer felt threatened by it.
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Deadline for mandatory e-filing nears for Hamilton County, Indiana appellate courts

June 29, 2016
Dave Stafford
Ready or not, the era of e-filing begins July 1 for everyone submitting court documents in Hamilton County and in Indiana’s appellate courts. There’s evidence that despite the buildup over recent months, many lawyers and filers may be caught off guard.
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Justices affirm consecutive LWOP sentences

June 28, 2016
Jennifer Nelson
The Indiana Supreme Court until Tuesday had never directly addressed the issue of whether two sentences of life imprisonment without parole can be imposed consecutively under Indiana law. Justices decided today that I.C. 35-50-1-2(c) permits it.
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Supreme Court extends Charlie White’s suspension

June 28, 2016
Dave Stafford
Former Indiana Secretary of State Charlie White may never be allowed to practice law again, the Indiana Supreme Court suggested Tuesday in extending his suspension another two years without automatic reinstatement.
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Justices rule jury instruction not fundamental error

June 22, 2016
Scott Roberts
The Indiana Supreme Court found a jury instruction that jurors “shall presume” that a man’s alcohol concentration equivalent was above the legal limit if his chemical test, taken hours later, was at 0.08 or higher was not fundamental error. As such, it affirmed his conviction.
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Henry County judge to lead new Indiana Supreme Court office

June 17, 2016
IL Staff
Henry Circuit Judge Mary Willis has been named the first chief administrative officer of the Indiana Supreme Court.
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Justices toss meth conviction, advise courts on indigent depositions

June 16, 2016
Dave Stafford
A Huntington County man’s conviction for dealing meth and 40-year sentence were reversed Thursday by the Indiana Supreme Court, which remanded the case for a new trial and used the decision to send a message to trial courts. The court ruled the denial of depositions of state witnesses by indigent defendants must be supported in the record by findings of fact.
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New Coalition for Court Access aims to improve delivery of civil legal services

June 15, 2016
Marilyn Odendahl
After establishing three committees to tackle the persistent problem of unrepresented litigants trying to maneuver their way through the state’s judicial system, the Indiana Supreme Court has decided to start over.
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Can records of civil forfeitures be expunged?

June 15, 2016
Marilyn Odendahl
The Indiana Supreme Court is considering whether files on property judgments "relate to the person’s felony conviction."
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Slaughter sworn in as 109th justice

June 13, 2016
IL Staff
Geoffrey G. Slaughter was sworn in as an Indiana Supreme Court justice Monday morning in a brief, private ceremony, court spokeswoman Kathryn Dolan said. Chief Justice Loretta H. Rush administered the oath of office, allowing Slaughter, formerly a partner with Taft Stettinius & Hollister LLP, to begin deciding cases and handling administrative matters with his colleagues.
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Slaughter to join Indiana Supreme Court Monday

June 7, 2016
IL Staff
Geoffrey G. Slaughter will be sworn as an Indiana Supreme Court justice next week, the court announced Tuesday. Chief Justice Loretta H. Rush will administer the oath of office Monday in a brief, private ceremony, which will allow Slaughter, formerly a partner with Taft Stettinius & Hollister LLP, to begin deciding cases and handling administrative matters with his colleagues.
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Nominations open for Supreme Court teacher workshop

June 6, 2016
IL Staff
Indiana Chief Justice Loretta Rush is asking lawyers and judges to nominate teachers for a free one-day workshop focusing on the work of the state’s courts.
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Justices rule Ed Martin Toyota can relocate to Hamilton County

June 2, 2016
Scott Roberts
Three central Indiana Toyota dealers lost their battle to stop a fourth from moving into their vicinity as the Indiana Supreme Court ruled Thursday they did not have standing to stop the move from happening.
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Indiana in minority on how it handles Supreme Court ties

June 1, 2016
Scott Roberts
Indiana is in the minority when it comes to handling state Supreme Court ties, according to a recent article by a Texas Supreme Court justice.
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Justices: Divorced parents don't have to pay graduate school costs for their children

June 1, 2016
Scott Roberts
In a unanimous decision, the Indiana Supreme Court ruled divorced parents cannot be obligated to pay the graduate or professional school expenses of their adult children in a case where a mother and father were forced to share a child’s dental school expenses after she completed her undergraduate degree.
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Judge’s actions move IBM case back to Supreme Court

June 1, 2016
Dave Stafford
There appears to be no end in sight to the ‘extraordinary’ canceled welfare contract lawsuit involving the state and IBM.
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Indiana Bar Foundation welcomes new president a month early

May 31, 2016
Marilyn Odendahl
Indiana Supreme Court justice-appointee Geoffrey Slaughter is resigning his position as Indiana Bar Foundation president a month earlier than his term would have ended.
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Indiana Supreme Court deadlocks on protective order case

May 27, 2016
Scott Roberts
The Indiana Supreme Court reinstated an Indiana Court of Appeals decision in a protection order case it took on transfer after the four justices deadlocked on how to resolve the case.
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Judge faces Supreme Court removal petition in State v. IBM case

May 24, 2016
Dave Stafford
Petitions filed Monday with the Indiana Supreme Court argue a Marion County judge defied a Supreme Court order and overstepped his authority in ruling on remand that the state could prove no damages from its canceled $1.3 billion welfare-privatization contract with IBM.
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Newborn blood sample case appealed to Indiana’s high court

May 20, 2016
 Associated Press
An Indiana couple seeking the destruction of millions of newborn blood samples stored in a state warehouse is appealing their case to the Indiana Supreme Court. The couple's attorney filed a petition Thursday asking the state high court to take up the case.
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Supreme Court rehearing sought in lawmaker email fight

May 19, 2016
Marilyn Odendahl
The battle over legislators' emails continues as the groups fighting to make public the correspondence between a Republican Representative and lobbyists filed for a rehearing with the Indiana Supreme Court.
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Ex-prosecutor Brizzi faces disciplinary complaint

May 19, 2016
Scott Olson, IBJ Staff
The Indiana Supreme Court Disciplinary Commission is recommending former Marion County Prosecutor Carl J. Brizzi III be punished for "a pattern of misconduct" that occurred during his time in office.
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Supreme Court disbars South Bend lawyer

May 19, 2016
Scott Roberts
The Indiana Supreme Court issued a disbarment decision Wednesday finding Elton Johnson committed attorney misconduct in a number of ways. The per curiam decision lists incompetent representation, converting client funds and failing to cooperate with the disciplinary process as reasons for Johnson's disbarment.
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Slaughter moves from arguing high-profile cases to judging them

May 18, 2016
Dave Stafford
New Indiana Supreme Court Justice Geoffrey Slaughter brings an impressive resume and a wealth of experience, but he acknowledges a couple of learning curves ahead.
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Rucker likely to leave Supreme Court in 2017

May 18, 2016
Dave Stafford
Justice Robert Rucker, a Gary native appointed to the court by Democratic Gov. Frank O'Bannon in 1999, will turn 70 in January. Rucker informally has informed lawyers and judges he intends to retire from the court sometime next year in order to begin a dialog among those who may consider serving on the court.
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  1. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  2. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  3. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

  4. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

  5. While this right is guaranteed by our Constitution, it has in recent years been hampered by insurance companies, i.e.; the practice of the plaintiff's own insurance company intervening in an action and filing a lien against any proceeds paid to their insured. In essence, causing an additional financial hurdle for a plaintiff to overcome at trial in terms of overall award. In a very real sense an injured party in exercise of their right to trial by jury may be the only party in a cause that would end up with zero compensation.

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