Indiana Supreme Court

Preserving the past

January 15, 2014
Marilyn Odendahl
County clerks, archivists and court administration work to keep historical records accessible.
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Justices to review teacher’s explicit messages to student

January 13, 2014
Dave Stafford
A Starke County teacher who was charged with sending sexually explicit Facebook messages to a 16-year-old student will have to face the Indiana Supreme Court, which will review the Court of Appeals’ order to dismiss the counts.
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Supreme Court suspends Judge Kimberly Brown pending final discipline

January 9, 2014
Dave Stafford
The Indiana Supreme Court has suspended Judge Kimberly Brown as justices consider a recommendation that she be removed from the bench for multiple violations of the Code of Judicial Conduct.
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Dickson State of Judiciary set

January 8, 2014
IL Staff
Indiana Chief Justice Brent Dickson will deliver his second State of the Judiciary address to the General Assembly next week.
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State appellate courts to open at 1 p.m.

January 7, 2014
IL Staff
The Indiana Supreme Court, Court of Appeals and Tax Court will open Tuesday at 1 p.m. The delayed start is due to the snow and record low temperatures. The courts were closed Monday.
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Appellate courts, state offices delay Monday opening

January 3, 2014
IL Staff
Office hours for Indiana’s appellate courts, staff and related agencies will begin at 10 a.m. Monday due to anticipated inclement weather, the courts announced late Friday.
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Hearing officer recommends 1-year suspension for Ogden

January 2, 2014
Dave Stafford
Indianapolis attorney and blogger Paul Ogden should receive a one-year suspension for email criticisms of a judge, the hearing officer in his disciplinary case has recommended to the Indiana Supreme Court. Ogden shows no sign of relenting in a matter he says is about attorneys’ free speech.
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Can parents sue DCS? Yes, divided justices rule

January 1, 2014
Dave Stafford
A sharply divided Indiana Supreme Court decision that a family may sue the state’s child protection agency for negligence is sure to resonate within the Department of Child Services, attorneys familiar with the case said.
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Amendment gives juveniles right to counsel

December 31, 2013
IL Staff
A child charged with a delinquent act will be entitled to be represented by an attorney, according to an order handed down this month by the Indiana Supreme Court. The order creates Rule 25 in the Indiana Rules of Criminal Procedure.
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Exclusive appeal notice filing with state clerk begins Jan. 1

December 27, 2013
IL Staff
Attorneys who don’t file a notice of appeal with the Office of the Clerk of the Indiana Supreme Court, Court of Appeals and Tax Court after Jan. 1 will forfeit their right to appeal.
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Justices: Lab tech does not need to testify

December 19, 2013
Jennifer Nelson
The Indiana Supreme Court Thursday concluded that a laboratory technician involved in the chain of custody of DNA evidence is not required to testify at trial in order to satisfy the demands of a defendant’s Sixth Amendment right of confrontation.
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Life sentence upheld for man who killed neighbor

December 19, 2013
Jennifer Nelson
The Indiana Supreme Court rejected a man’s claims that certain photos of a murder victim should not have been admitted at his trial. The justices upheld Tyrice Halliburton’s life without parole sentence for the murder of Sheena Kiska.
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Timing of wrongful death claim disputed

December 18, 2013
Marilyn Odendahl
In a wrongful-death claim filed nearly five years after a nursing home death, the Indiana Supreme Court is considering whether in instances of fraudulent concealment the two-year limitation clock starts over or if giving plaintiffs “reasonable time” to file is an acceptable standard.
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Supreme Court revives Rockport plant proposal

December 17, 2013
Dave Stafford
The Indiana Supreme Court revived a controversial state-backed deal that would facilitate construction of a $2.7 billion coal-using synthetic natural gas plant in Rockport. The decision likely sets up another round of state regulatory review if developers choose to move forward.
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Clenched fist and aggressive behavior merit resisting law enforcement conviction

December 13, 2013
Marilyn Odendahl
The Indiana Supreme Court acknowledged that precedent does not provide a clear definition of “resisting arrest,” but still the court knew it when it saw it in a case where a man was subdued with a Taser after ignoring a police officer’s order to get down on the ground. 
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Justices decline to apply dollar for dollar credit for Social Security retirement benefits

December 12, 2013
Jennifer Nelson
The Indiana Supreme Court Thursday declined to revisit previous caselaw regarding crediting Social Security Retirement benefits to a noncustodial parent’s child support obligation. The justices affirmed the trial court’s decision to include the benefits in the custodial parent’s weekly adjusted income.
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Justices take 3 cases

December 10, 2013
Jennifer Nelson
The Indiana Supreme Court granted transfer to three cases last week, including a lawsuit filed by parents after their severely disabled daughter died at school as a result of choking on food.
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Juvenile Detention Alternatives adds 11 counties

December 9, 2013
IL Staff
Eleven counties have joined the original eight participating in Indiana’s Juvenile Detention Alternatives Initiative, the Indiana Supreme Court announced Monday. The expansion will extend JDAI services to 56 percent of juveniles from 10 to 17 years old.
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Brother in Holiday World dispute still fighting for ownership

December 6, 2013
Marilyn Odendahl
The family battle over the southern Indiana amusement park, Holiday World and Splashin’ Safari, could be moving to the Indiana Supreme Court.
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Christie elected to Judicial Nominating Commission

December 4, 2013
Dave Stafford
Lawyers have elected Indianapolis attorney Lee Christie to the Judicial Nominating Commission.
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Divided Supreme Court reinstates claim DCS mishandled abuse case

November 27, 2013
Dave Stafford
Claims that the Department of Child Services was negligent in its handling of child-molestation allegations were reinstated Tuesday, when a divided Indiana Supreme Court in a 3-2 opinion reversed in part a trial court grant of summary judgment.
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Justices decline convicted police officer’s murder appeal, 21 other cases

November 25, 2013
Jennifer Nelson
The Evansville police officer convicted in the 1990s of murder and arson for the death of his mistress will not be getting a new trial. The Indiana Supreme Court declined Glenn Patrick Bradford’s appeal, leaving his convictions in place.
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Justices: Trustee of revocable trust serves self

November 22, 2013
Jennifer Nelson
The Indiana Supreme Court accepted a revocable trust case to answer the first impression question: While a trust is revocable, whom does the trustee serve? The justices concluded that an Indiana woman, as trustee, served herself.
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Justices: Search of vehicle violated woman’s constitutional rights

November 22, 2013
Jennifer Nelson
The Indiana Supreme Court Thursday reversed the admittance of statements a woman made to police after a concerned citizen set up a sting operation attempting to catch an alleged drug dealer. The justices held that the warrantless seizure of Danielle Kelly’s person and vehicle violated her constitutional rights.
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Youth alternative detention program expanding

November 21, 2013
Jennifer Nelson
The state’s Juvenile Detention Alternatives Initiative is expanding into more counties, the Indiana Supreme Court announced Thursday, thanks to more than $5 million in funding appropriated by the Legislature.
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  1. The practitioners and judges who hail E-filing as the Saviour of the West need to contain their respective excitements. E-filing is federal court requires the practitioner to cram his motion practice into pigeonholes created by IT people. Compound motions or those seeking alternative relief are effectively barred, unless the practitioner wants to receive a tart note from some functionary admonishing about the "problem". E-filing is just another method by which courts and judges transfer their burden to practitioners, who are the really the only powerless components of the system. Of COURSE it is easier for the court to require all of its imput to conform to certain formats, but this imposition does NOT improve the quality of the practice of law and does NOT improve the ability of the practitioner to advocate for his client or to fashion pleadings that exactly conform to his client's best interests. And we should be very wary of the disingenuous pablum about the costs. The courts will find a way to stick it to the practitioner. Lake County is a VERY good example of this rapaciousness. Any one who does not believe this is invited to review the various special fees that system imposes upon practitioners- as practitioners- and upon each case ON TOP of the court costs normal in every case manually filed. Jurisprudence according to Aldous Huxley.

  2. Any attorneys who practice in federal court should be able to say the same as I can ... efiling is great. I have been doing it in fed court since it started way back. Pacer has its drawbacks, but the ability to hit an e-docket and pull up anything and everything onscreen is a huge plus for a litigator, eps the sole practitioner, who lacks a filing clerk and the paralegal support of large firms. Were I an Indiana attorney I would welcome this great step forward.

  3. Can we get full disclosure on lobbyist's payments to legislatures such as Mr Buck? AS long as there are idiots that are disrespectful of neighbors and intent on shooting fireworks every night, some kind of regulations are needed.

  4. I am the mother of the child in this case. My silence on the matter was due to the fact that I filed, both in Illinois and Indiana, child support cases. I even filed supporting documentation with the Indiana family law court. Not sure whether this information was provided to the court of appeals or not. Wish the case was done before moving to Indiana, because no matter what, there is NO WAY the state of Illinois would have allowed an appeal on a child support case!

  5. "No one is safe when the Legislature is in session."

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