Indiana Supreme Court

Attorney discipline process goes public

November 7, 2012
Dave Stafford
Testimony alleges that Ohio lawyer’s race and past play a role in Indiana’s case against him for unauthorized practice of law.
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Court finds mediation not so confidential

November 7, 2012
Marilyn Odendahl
Some Indiana attorneys are concerned about the possible ramifications of the recent Horner decision.
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Rush joined Supreme Court Nov. 7

November 7, 2012
Indiana’s newest justice has officially joined the state’s highest court. Loretta Rush had a private swearing in ceremony Nov. 7. Her public ceremony will be held Dec. 28. Rush is just the second woman to serve on the state Supreme Court.
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Justices reverse COA, hold state’s appeal timely

November 6, 2012
Dave Stafford
The Indiana Supreme Court on Monday reversed a divided Court of Appeals panel’s dismissal of an appeal of suppression of evidence in a drunken-driving case.
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Wife’s pain from shove, poked forehead ‘bodily injury,’ justices rule

November 6, 2012
Dave Stafford
The Indiana Supreme Court late Monday reconciled conflicting interpretations of the “bodily injury” requirement for domestic battery and other criminal offenses using that language, concluding that any such offense that causes the victim physical pain meets the test.
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Justices take 1 case, reject 20

November 5, 2012
IL Staff
Indiana justices will review a case involving a search deemed illegal and a subsequent conviction for resisting law enforcement that was reversed by the Court of Appeals.
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Tea party radio ad opposes David’s retention; Shepard gives backing

November 2, 2012
Dave Stafford
Indianapolis Tea Party Corp. has produced a radio advertisement critical of Justice Steven David ahead of his retention vote on Tuesday.
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Rush to join Supreme Court Nov. 7

November 1, 2012
IL Staff
Indiana’s newest justice Loretta Rush will have a private swearing in ceremony Nov. 7. Her public ceremony will be held Dec. 28. Rush is just the second woman to serve on the state Supreme Court.
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Justices suspend attorney for 3 years

November 1, 2012
IL Staff
Three Indiana justices have decided that a Boone County attorney should be suspended for at least three years because his repeated misconduct has “injured his clients” and “tarnished the reputation of the legal profession.”
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PCF may not present evidence to dispute injury

November 1, 2012
Jennifer Nelson
The Indiana Supreme Court ruled Wednesday that in a case involving a boy diagnosed with a mild form of cerebral palsy, the Indiana Patient’s Compensation Fund may not present evidence to dispute the existence or cause of the boy’s injury while defending his petition for excess damages from the fund.
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Man can’t challenge sentence as illegal

October 31, 2012
Jennifer Nelson
Because a defendant entered into a beneficial plea agreement, the Indiana Court of Appeals denied his request for post-conviction relief. The man argued that a Supreme Court decision handed down while he was appealing should require that his sentence be reduced.
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Justices vacate transfer in business dispute

October 31, 2012
IL Staff
After hearing arguments Oct. 24 in a dispute between former shareholders of a company and the new owners over what assets the new owners should receive, the Indiana Supreme Court decided that the Court of Appeals decision should stand.
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Justices order retrial due to deficient jury instruction

October 30, 2012
Jennifer Nelson
The Indiana Supreme Court found that a final jury instruction in a woman’s trial for receiving stolen property did not correctly state the law, and it remanded for a new trial.
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Court filings lowest in 7 years, 2011 stats show

October 29, 2012
Dave Stafford
The number of cases filed in Indiana courts in 2011 is the lowest since 2004, according to exhaustive data in the annual Judicial Service Report released Monday.
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Justices take suit involving tort claim notice

October 29, 2012
IL Staff
The Indiana Supreme Court will hear a case that divided the Court of Appeals on whether the victims in a car accident failed to provide notice to a government-funded agency under the Indiana Tort Claims Act.
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Supreme Court tests HD media hookup

October 25, 2012
Dave Stafford
Television stations and media organizations on Wednesday tested a new high-definition video system that could become the norm for coverage of oral arguments before the Indiana Supreme Court.
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Justices hear Simon defamation appeal

October 24, 2012
Dave Stafford
The Indiana Supreme Court on Wednesday heard arguments on whether Indianapolis billionaire Herb Simon may proceed with a defamation suit against a California attorney. The suit involves comments the lawyer made to an Indianapolis TV station regarding allegations that Simon and his wife employed illegal immigrants at their California home.
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Signs of dissent in retention vote

October 24, 2012
Dave Stafford
Justice Steven David's Barnes opinion finding no right to resist unlawful police entry results in an unusual ouster effort on an otherwise quiet appellate judicial ballot.
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Justices affirm denial of claim arising after arbitration

October 23, 2012
Dave Stafford
A claim arising after a dispute between a company and its accountant was resolved through binding arbitration may not proceed, the Indiana Supreme Court ruled Tuesday.
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Justices grant transfer in 2 cases

October 23, 2012
IL Staff
The Indiana Supreme Court accepted two cases for the week ending Oct. 19, according to a transfer list released Monday.
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Justice David creates retention website

October 22, 2012
Dave Stafford
Facing opposition over an opinion regarding unlawful police entry, Indiana Supreme Court Justice Steven David has established a website in an unusual effort to campaign for retention.
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Bisard asks Supreme Court to rule on blood-draw admissibility

October 19, 2012
IL Staff
Attorneys for Indianapolis Metropolitan Police Department officer David Bisard have asked the Indiana Supreme Court to determine whether blood evidence may be admitted in his drunken driving and reckless homicide trial. Bisard was charged after driving his police cruiser into three motorcyclists who were stopped at an intersection, killing one.
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Justices uphold denial of benefits for fired employee

October 17, 2012
Jennifer Nelson
Indiana Justice Steven David authored a unanimous opinion Wednesday in which the court held “when the facts of a case support more than one statutory ground for discharge, we are not confined to narrowly review the [Indiana Department of Workforce Development] Review Board’s decision when the facts point to the Review Board’s ultimately correct conclusion.”
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Justices rescind order amending administrative rules, issue new one

October 16, 2012
IL Staff
The Indiana Supreme Court has rescinded the Sept. 7 order that set out amendments to Indiana Administrative Rules 5, 7, 8, 9 and 10, and the justices have issued in its place a new order. The changes include the use of senior judges, records that need to be microfilmed, and what court records are excluded from public access.
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Indiana justices accept 2 cases

October 15, 2012
IL Staff
The Indiana Supreme Court will weigh in on whether communications during mediation can be used as extrinsic evidence.
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  1. I work with some older lawyers in the 70s, 80s, and they are sharp as tacks compared to the foggy minded, undisciplined, inexperienced, listless & aimless "youths" being churned out by the diploma mill law schools by the tens of thousands. A client is generally lucky to land a lawyer who has decided to stay in practice a long time. Young people shouldn't kid themselves. Experience is golden especially in something like law. When you start out as a new lawyer you are about as powerful as a babe in the cradle. Whereas the silver halo of age usually crowns someone who can strike like thunder.

  2. YES I WENT THROUGH THIS BEFORE IN A DIFFERENT SITUATION WITH MY YOUNGEST SON PEOPLE NEED TO LEAVE US ALONE WITH DCS IF WE ARE NOT HURTING OR NEGLECT OUR CHILDREN WHY ARE THEY EVEN CALLED OUT AND THE PEOPLE MAKING FALSE REPORTS NEED TO GO TO JAIL AND HAVE A CLASS D FELONY ON THERE RECORD TO SEE HOW IT FEELS. I WENT THREW ALOT WHEN HE WAS TAKEN WHAT ELSE DOES THESE SCHOOL WANT ME TO SERVE 25 YEARS TO LIFE ON LIES THERE TELLING OR EVEN LE SAME THING LIED TO THE COUNTY PROSECUTOR JUST SO I WOULD GET ARRESTED AND GET TIME HE THOUGHT AND IT TURNED OUT I DID WHAT I HAD TO DO NOT PROUD OF WHAT HAPPEN AND SHOULD KNOW ABOUT SEEKING MEDICAL ATTENTION FOR MY CHILD I AM DISABLED AND SICK OF GETTING TREATED BADLY HOW WOULD THEY LIKE IT IF I CALLED APS ON THEM FOR A CHANGE THEN THEY CAN COME AND ARREST THEM RIGHT OUT OF THE SCHOOL. NOW WE ARE HOMELESS AND THE CHILDREN ARE STAYING WITH A RELATIVE AND GUARDIAN AND THE SCHOOL WON'T LET THEM GO TO SCHOOL THERE BUT WANT THEM TO GO TO SCHOOL WHERE BULLYING IS ALLOWED REAL SMART THINKING ON A SCHOOL STAFF.

  3. Family court judges never fail to surprise me with their irrational thinking. First of all any man who abuses his wife is not fit to be a parent. A man who can't control his anger should not be allowed around his child unsupervised period. Just because he's never been convicted of abusing his child doesn't mean he won't and maybe he hasn't but a man that has such poor judgement and control is not fit to parent without oversight - only a moron would think otherwise. Secondly, why should the mother have to pay? He's the one who made the poor decisions to abuse and he should be the one to pay the price - monetarily and otherwise. Yes it's sad that the little girl may be deprived of her father, but really what kind of father is he - the one that abuses her mother the one that can't even step up and do what's necessary on his own instead the abused mother is to pay for him???? What is this Judge thinking? Another example of how this world rewards bad behavior and punishes those who do right. Way to go Judge - NOT.

  4. Right on. Legalize it. We can take billions away from the drug cartels and help reduce violence in central America and more unwanted illegal immigration all in one fell swoop. cut taxes on the savings from needless incarcerations. On and stop eroding our fourth amendment freedom or whatever's left of it.

  5. "...a switch from crop production to hog production "does not constitute a significant change."??? REALLY?!?! Any judge that cannot see a significant difference between a plant and an animal needs to find another line of work.

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