Indiana Supreme Court

Justices deny transfer of CHINS ADA case with 3-2 vote

December 5, 2016
Olivia Covington
The Indiana Supreme Court has denied transfer of a case in which a father argued that the Department of Child Services’ failure to comply with the American with Disabilities Act when providing discretionary services should void the termination of his parental rights. However, two justices dissented from that decision, writing that DCS should always be required to comply with the ADA.
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Justices consider conversion of felony to misdemeanor after plea agreement

December 1, 2016
Olivia Covington
The effect of legislative changes to state sentencing laws was at center in oral arguments before the Indiana Supreme Court Thursday.
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Indiana Supreme Court considers general contractor’s duty of care to subcontractors

December 1, 2016
Olivia Covington
In oral arguments on a petition to transfer a case regarding a general contractor’s duty of care to its subcontractors, the justices of the Indiana Supreme Court considered the meaning of the phrase “monitor and implement.”
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Justices consider transfer in chemical breath test case

December 1, 2016
Olivia Covington
Indiana’s rules regarding chemical breath tests can be read as a recipe, with each rule laid out for the process of testing someone’s blood alcohol content meant to be followed sequentially, said the attorney for a woman challenging her misdemeanor drunken-driving charges.
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Justices: warrantless search OK because of ‘objectively reasonable’ concerns

November 29, 2016
Olivia Covington
The Indiana Supreme Court affirmed a man’s drug conviction Tuesday, reiterating that if an officer encounters an emergency situation, then he or she may investigate further without a warrant.
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Justices rule in favor of woman alleging 'warrantless intrusion' by officer

November 29, 2016
Olivia Covington
Although a police officer believed that a Hamilton County woman could have been injured after being stuck under her car, the facts surrounding the situation did not lend themselves to an emergency situation that could justify the “warrantless intrusion” of stopping the woman’s car after she drove away.
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High court takes alcohol wholesaler case

November 28, 2016
Olivia Covington
The Indiana Supreme Court has agreed to hear a case that could decide whether beer and wine wholesalers can also be legally permitted to sell liquor in Indiana.
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Justices consider transfer of 2 cases related to traffic stops, strip searches

November 23, 2016
Olivia Covington
The justices of the Indiana Supreme Court are deciding whether to grant transfer in two cases related to the permissibility of certain police officer actions after hearing arguments on petitions to transfer Tuesday.
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Justices consider relevance of immigration status in undocumented worker’s lawsuit

November 22, 2016
Olivia Covington
The Indiana Supreme Court heard arguments Tuesday on whether introducing an injured man's immigration status to a jury in his lawsuit for future wages would be prejudicial enough to outweigh its probative value.
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New law creates murkiness on private university police records

November 18, 2016
Dave Stafford
The Indiana Supreme Court left no doubt that it considered the Notre Dame Police Department exempt from the Access to Public Records Act when it affirmed dismissal of ESPN’s lawsuit seeking records of the department’s interactions with 275 student athletes. But a bill signed into law this year dealing with access to police body cameras could change that.
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Justices dismiss ESPN suit, find Notre Dame police not public agency

November 16, 2016
Dave Stafford
Notre Dame Police are not a public agency, the Indiana Supreme Court ruled Wednesday, turning back a lawsuit from ESPN that sought records of the university police’s interactions with student athletes. The ruling means Indiana’s Access to Public Records Act does not apply to university police at private institutions.
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Justices weigh whether child abuse reporter can sue DCS for breach of confidentiality

November 16, 2016
Dave Stafford
A southern Indiana church van driver who suspected children to be in need of services due to dangerous living conditions in his small community followed the law requiring him to report his suspicions. He didn’t want to provide his name, but he did so after a Department of Child Services hotline worker assured him his identity would remain confidential, as the law also requires.
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DCS insists no right to sue over disclosed identity

November 8, 2016
Dave Stafford
A state attorney argued before the Indiana Supreme Court Thursday that the Department of Child Services cannot be sued by a man who reported suspected child abuse but whose promise of confidentiality was violated when his identity was disclosed to those he reported.
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Indiana lawyers now must report misdemeanor convictions

November 8, 2016
IL Staff
Indiana attorneys now are explicitly required to report to the Supreme Court Disciplinary Commission any misdemeanor or felony conviction under sweeping changes to Admission and Discipline Rule 23.
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Supreme Court grants transfer in cellphone data privacy case

November 7, 2016
Olivia Covington
After an Ohio man’s convictions of armed robbery in Dearborn County were overturned by a divided Indiana Court of Appeals in August, the Indiana Supreme Court has agreed to hear the state’s appeal and decide if cellphone users have a reasonable expectation to the privacy of their tracked location information.
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Courts open comment period on online records access plan

November 4, 2016
Dave Stafford
Trial court orders and judgments in most non-confidential civil and criminal cases will be posted and universally available online, but attorneys and parties to cases initially will have far greater access to filings than the public, according to recommendations now open for public comment.
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DCS insists no right to sue over disclosed identity

November 3, 2016
Dave Stafford
A state attorney argued before the Indiana Supreme Court Thursday that the Department of Child Services cannot be sued by a man who reported suspected child abuse but whose promise of confidentiality was violated when his identity was disclosed to those he reported.
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Undocumented worker's injury suit puts major issues before justices

November 2, 2016
Dave Stafford
An undocumented immigrant’s workplace injury — and how much he may be entitled to — has put the rising number of foreign-born workers, the rights they can expect, and the responsibilities of employers squarely before the Indiana Supreme Court.
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AG files for emergency stay in case against beer wholesaler

November 1, 2016
IL Staff
The state is fighting a court order that would require it to grant a wholesaler permit to Spirited Sales LLC, a company affiliated with Monarch Beverage that wants to sell liquor.
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Seymour attorney with Alzheimer’s suspended for disability

October 28, 2016
IL Staff
A Seymour attorney who has been diagnosed with Alzheimer’s disease and who is facing a felony fraud charge has been suspended from the practice of law in Indiana because of his mental disability.
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Homeowner can be liable for party injuries resulting in death, but not for furnishing alcohol

October 26, 2016
Olivia Covington
The Indiana Supreme Court held Wednesday that a woman whose party guest died at her home after a drunken brawl could be considered negligent because she did not seek care for the guest, but not on the basis of supplying alcohol to the men involved in the fight.
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IN Supreme Court holds that bar shooting was not foreseeable

October 26, 2016
Olivia Covington
After deciding that foreseeability in the context of duty in a negligence case is different than in the context of proximate cause, the Indiana Supreme Court held Wednesday that a Grant County bar was not negligent in a shooting that injured three people because the shooting was not foreseeable.
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Supreme Court upholds burglar’s sentence, rejects COA assessment of appellate argument

October 25, 2016
Olivia Covington
The Indiana Supreme Court affirmed Tuesday a burglar’s felony conviction and sentence, but also rejected a harsh Court of Appeals assessment of the his argument appealing his sentence.
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Indiana Supreme Court upholds decision granting convicted felon’s motion for relief

October 25, 2016
Olivia Covington
The Indiana Supreme Court will allow a convicted felon to bring his case for post-conviction relief back to court to be heard on the merits after finding that his motion for relief was filed in a timely manner, despite a seven-year delay.
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Stanley ruling extends to government medical reimbursements

October 21, 2016
Dave Stafford
The Indiana Supreme Court on Friday extended the admission of evidence of reduced health care payments in personal injury suits to include reimbursements from government payers.
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  1. I have had an ongoing custody case for 6 yrs. I should have been the sole legal custodial parent but was a victim of a vindictive ex and the system biasedly supported him. He is an alcoholic and doesn't even have a license for two yrs now after his 2nd DUI. Fast frwd 6 yrs later my kids are suffering poor nutritional health, psychological issues, failing in school, have NO MD and the GAL could care less, DCS doesn't care. The child isn't getting his ADHD med he needs and will not succeed in life living this way. NO one will HELP our family.I tried for over 6 yrs. The judge called me an idiot for not knowing how to enter evidence and the last hearing was 8 mths ago. That in itself is unjust! The kids want to be with their Mother! They are being alienated from her and fed lies by their Father! I was hit in a car accident 3 yrs ago and am declared handicapped myself. Poor poor way to treat the indigent in Indiana!

  2. The Indiana DOE released the 2015-2016 school grades in Dec 2016 and my local elementary school is a "C" grade school. Look at the MCCSC boundary maps and how all of the most affluent neighborhoods have the best performance. It is no surprise that obtaining residency in the "A" school boundaries cost 1.5 to 3 times as much. As a parent I should have more options than my "C" school without needing to pay the premium to live in the affluent parts of town. If the charter were authorized by a non-religious school the plaintiffs would still be against it because it would still be taking per-pupil money from them. They are hiding behind the guise of religion as a basis for their argument when this is clearly all about money and nothing else.

  3. This is a horrible headline. The article is about challenging the ability of Grace College to serve as an authorizer. 7 Oaks is not a religiously affiliated school

  4. Congratulations to Judge Carmichael for making it to the final three! She is an outstanding Judge and the people of Indiana will benefit tremendously if/when she is chosen.

  5. The headline change to from "religious" to "religious-affiliated" is still inaccurate and terribly misleading.

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