Indiana Supreme Court

Supreme Court amends Indiana rules

September 18, 2012
IL Staff
The Indiana justices have issued several orders amending the rules of court. Among them is a change that allows the Disciplinary Commission to seek reimbursement from attorneys who have resigned or been disbarred.
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Wentworth, Avery appointed to Pro Bono Commission

September 17, 2012
Jennifer Nelson
Indiana Tax Judge Martha Blood Wentworth has been appointed by the Indiana Supreme Court as chair of the Indiana Pro Bono Commission. Allen Superior Judge David Avery has been appointed vice-chair, the Supreme Court announced Monday.
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Justices vacate transfer in malpractice case, settlement reached

September 14, 2012
IL Staff
The Indiana Supreme Court has dismissed an appeal of a medical malpractice complaint filed in Porter County because Tim Black and the Department of Insurance have reached a settlement.
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Rush named to Indiana Supreme Court

September 14, 2012
Dave Stafford
A judge with a statewide reputation as a leader in juvenile justice was named Friday as Indiana’s 108th Supreme Court justice and the second woman to serve on the high court.
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Governor appoints Rush to Supreme Court

September 14, 2012
IL Staff
Gov. Mitch Daniels has selected Tippecanoe Superior Judge Loretta Rush to sit on the Indiana Supreme Court. Rush is the second woman to serve on the state's highest court.
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Criminal charges from airsoft gun sale may continue in Indiana

September 13, 2012
Jennifer Nelson
Charges of theft, counterfeiting and corrupt business influence against Houston-based defendants as a result of the sale of airsoft guns in Indiana can proceed in this state, the Supreme Court ruled Thursday.
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Justices find attorney practicing law after resignation

September 13, 2012
Jennifer Nelson
The Indiana Supreme Court has fined Brian L. Nehrig $1,000 and extended his ban from practice after finding he committed the unauthorized practice of law. Nehrig resigned from the bar in 2007, and he was sentenced in 2010 after pleading guilty to mail fraud.
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David named to chair Allen County JNC

September 11, 2012
IL Staff
Indiana Supreme Court Justice Steven David has been appointed to chair the Allen Superior Court Judicial Nominating Commission.
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Arguments for pretrial release found to be 'unquestionably inappropriate'

September 11, 2012
Marilyn Odendahl
The Indiana Supreme Court has dismissed without prejudice a request by a defendant to be released from jail while awaiting his third murder trial.
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Justices deny transfer on 13 cases

September 10, 2012
Dave Stafford
The Indiana Supreme Court added no cases to its docket, according to the report on transfer action for the week ending Sept. 7.
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Justice finalists to students: Be careful on Facebook

September 7, 2012
Dave Stafford
The three finalists to be the next justice on the Indiana Supreme Court offered advice to aspiring attorneys Thursday that included a caution about what they post on their Facebook pages and social networks.
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Attorneys ask justices to release Camm while awaiting retrial

September 6, 2012
Jennifer Nelson
Attorneys for David Camm, a former Indiana State Trooper twice convicted of killing his wife and two children, are asking the Indiana Supreme Court to order a special judge to release Camm from his pre-trial detention.
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Indiana justices accept 4 cases, deny 27

September 5, 2012
IL Staff
The Indiana Supreme Court will decide the defamation case filed by Herbert and Bui Simon against a California attorney. The justices will also decide whether a woman’s lawsuit for unpaid wages should have been brought before the Indiana Department of Labor before she filed her action.
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Massa appointed chair of St. Joe judicial nominating commission

August 31, 2012
Jennifer Nelson
Indiana Chief Justice Brent Dickson has appointed Justice Mark Massa chairman of the St. Joseph Superior Court Judicial Nominating Commission. Massa is filling the vacancy left by former Justice Frank Sullivan, who recently left the bench to teach.
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Medical malpractice caps challenged in Indiana, fall elsewhere

August 29, 2012
Dave Stafford
Medical malpractice caps are unconstitutional in Missouri. And in Illinois and Georgia. They might be in Indiana, too, if the justices of the Supreme Court grant Timothy Plank the day in court his attorneys say he is entitled to.
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Justices take 1 case, deny 7

August 21, 2012
IL Staff
The Indiana Supreme Court took a post-conviction case Aug. 13 and sent it back to the Court of Appeals for consideration.
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Pyle leaving Circuit Court Aug. 26

August 20, 2012
Jennifer Nelson
Madison Circuit Judge Rudolph Pyle III has told the Indiana Supreme Court he will resign from Circuit Court Aug. 26 to take his spot on the Indiana Court of Appeals. Gov. Mitch Daniels appointed Pyle an appellate judge Aug. 7.
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JNC’s justice candidate evaluation letter sent to governor

August 16, 2012
IL Staff
The Indiana Judicial Nominating Commission sent its letter to Gov. Mitch Daniels Wednesday explaining the qualifications of justice finalists Hamilton Superior Judge Steven Nation, Tippecanoe Superior Judge Loretta Rush, and Taft Stettinius & Hollister LLP partner Geoffrey Slaughter.
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Indiana justice gender issue resurfaces

August 15, 2012
Dave Stafford
Experts say a lack of multiple female Indiana Supreme Court finalists raises concerns.
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Dickson takes oath as Indiana chief justice

August 15, 2012
Dave Stafford
Indiana Chief Justice Brent Dickson formally took the oath of office Aug. 6 before more than 300 people in the atrium of the Indiana Statehouse.
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Concerns rise as revised parenting time guidelines near completion

August 15, 2012
Dave Stafford
A first-ever review of Indiana’s Parenting Time Guidelines is nearing completion. Among the proposed changes: New language dealing with online communication between parents and children, and revised rules regarding overnight visitation.
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Justices again take utility’s case against Fort Wayne

August 13, 2012
Dave Stafford
A decade-long legal dispute between the city of Fort Wayne and a water utility will make a second appearance before the Indiana Supreme Court. The case was the only one of 28 in which a petition seeking transfer to the high court was granted for the week ending Aug. 10.
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Justices decline to take Decatur County arson case

August 9, 2012
IL Staff
The Indiana Supreme Court Wednesday unanimously decided to deny the state’s petition for transfer of Kristine Bunch v. State, in which a divided Court of Appeals ruled Kristine Bunch is entitled to a new trial. Bunch was convicted of the murder of her son, who died in a fire in their mobile home.
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Nominating commission picks 3 finalists

August 8, 2012
IL Staff
The Indiana Judicial Nominating Commission has selected the three finalists for the Supreme Court vacancy: Hamilton Superior Judge Steve Nation, Tippecanoe Superior Judge Loretta Rush, and attorney Geoffrey Slaughter. The commission had whittled down the number of applicants from 22 to 10 in July, and then to three Wednesday evening.
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Commission wraps up interviews, begins deliberations

August 8, 2012
Dave Stafford
The Indiana Judicial Nominating Commissions has finished interviewing the semifinalists who want to replace Frank Sullivan Jr. on the Supreme Court. The commission went into executive session around 4 p.m. Wednesday.
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  1. So that none are misinformed by my posting wihtout a non de plume here, please allow me to state that I am NOT an Indiana licensed attorney, although I am an Indiana resident approved to practice law and represent clients in Indiana's fed court of Nth Dist and before the 7th circuit. I remain licensed in KS, since 1996, no discipline. This must be clarified since the IN court records will reveal that I did sit for and pass the Indiana bar last February. Yet be not confused by the fact that I was so allowed to be tested .... I am not, to be clear in the service of my duty to be absolutely candid about this, I AM NOT a member of the Indiana bar, and might never be so licensed given my unrepented from errors of thought documented in this opinion, at fn2, which likely supports Mr Smith's initial post in this thread: http://caselaw.findlaw.com/us-7th-circuit/1592921.html

  2. When I served the State of Kansas as Deputy AG over Consumer Protection & Antitrust for four years, supervising 20 special agents and assistant attorneys general (back before the IBLE denied me the right to practice law in Indiana for not having the right stuff and pretty much crushed my legal career) we had a saying around the office: Resist the lure of the ring!!! It was a take off on Tolkiem, the idea that absolute power (I signed investigative subpoenas as a judge would in many other contexts, no need to show probable cause)could corrupt absolutely. We feared that we would overreach constitutional limits if not reminded, over and over, to be mindful to not do so. Our approach in so challenging one another was Madisonian, as the following quotes from the Father of our Constitution reveal: The essence of Government is power; and power, lodged as it must be in human hands, will ever be liable to abuse. We are right to take alarm at the first experiment upon our liberties. I believe there are more instances of the abridgement of freedom of the people by gradual and silent encroachments by those in power than by violent and sudden usurpations. Liberty may be endangered by the abuse of liberty, but also by the abuse of power. All men having power ought to be mistrusted. -- James Madison, Federalist Papers and other sources: http://www.constitution.org/jm/jm_quotes.htm RESIST THE LURE OF THE RING ALL YE WITH POLITICAL OR JUDICIAL POWER!

  3. My dear Mr Smith, I respect your opinions and much enjoy your posts here. We do differ on our view of the benefits and viability of the American Experiment in Ordered Liberty. While I do agree that it could be better, and that your points in criticism are well taken, Utopia does indeed mean nowhere. I think Madison, Jefferson, Adams and company got it about as good as it gets in a fallen post-Enlightenment social order. That said, a constitution only protects the citizens if it is followed. We currently have a bevy of public officials and judicial agents who believe that their subjectivism, their personal ideology, their elitist fears and concerns and cause celebs trump the constitutions of our forefathers. This is most troubling. More to follow in the next post on that subject.

  4. Yep I am not Bryan Brown. Bryan you appear to be a bigger believer in the Constitution than I am. Were I still a big believer then I might be using my real name like you. Personally, I am no longer a fan of secularism. I favor the confessional state. In religious mattes, it seems to me that social diversity is chaos and conflict, while uniformity is order and peace.... secularism has been imposed by America on other nations now by force and that has not exactly worked out very well.... I think the American historical experiment with disestablishmentarianism is withering on the vine before our eyes..... Since I do not know if that is OK for an officially licensed lawyer to say, I keep the nom de plume.

  5. I am compelled to announce that I am not posting under any Smith monikers here. That said, the post below does have a certain ring to it that sounds familiar to me: http://www.catholicnewworld.com/cnwonline/2014/0907/cardinal.aspx

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