Indiana Supreme Court

Indiana court decisions Jan. 1 to 11, 2012

January 18, 2012
IL Staff
Read summaries of the For Publications from the Indiana appellate courts and the 7th Circuit Court of Appeals.
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Order requires United Financial to pay court costs

January 17, 2012
Michael Hoskins
The Indiana Supreme Court has ordered United Financial Systems Corp. and its officials to pay the court and a special master $16,003 for the costs associated with an Unauthorized Practice of Law action that has been ongoing for more than three years.
 
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Legislation inspired by Barnes ruling passes Senate committee

January 17, 2012
Jenny Montgomery
A Senate committee voted unanimously to pass a bill that would allow a person to resist the unlawful entry into a dwelling by a law enforcement officer under certain conditions.
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Deputy prosecutor receives public reprimand

January 13, 2012
Michael Hoskins
A Hancock County deputy prosecutor has received a public reprimand from the Indiana Supreme Court for surrendering prosecutorial discretion and allowing a corporate check fraud victim to dictate the terms of restitution as a pre-condition to a plea agreement.
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State representative's attacker permanently disbarred

January 13, 2012
Michael Hoskins
The Indianapolis attorney who violently attacked and attempted to kill a state representative has been permanently disbarred by the Indiana Supreme Court.
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Chief Justice Shepard gives final State of the Judiciary

January 12, 2012
Michael Hoskins
Indiana Chief Justice Randall T. Shepard gave his final State of the Judiciary on Wednesday, recapping not only the past 12 months, but also highlighting court initiatives and changes that have occurred during the quarter century he spent as chief justice.
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High court reverses habitual offender enhancement

January 12, 2012
Jennifer Nelson
Because the state didn’t offer allowable evidence of a man’s previous theft conviction to support a habitual offender enhancement, the Indiana Supreme Court reversed the enhancement.
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Justices dismiss malpractice complaint appeal

January 12, 2012
Jennifer Nelson
The Indiana Supreme Court has vacated transfer to a case involving a proposed medical malpractice claim, finding that the trial court order at issue is not a final appealable judgment.
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AG asks justices to take secretary of state case

January 11, 2012
IL Staff
The Office of the Indiana Attorney General has asked the Indiana Supreme Court to take the Indiana Recount Commission’s appeal of the finding that Secretary of State Charlie White was ineligible to be on the November 2010 ballot.
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Justices divided on whether accident is covered by policy

January 10, 2012
Jennifer Nelson
The Indiana Supreme Court ruled 3-1 Tuesday that an insurer for the Indiana Youth Soccer Association does not have to provide coverage for an accident involving a Carmel team during a trip to Colorado for a soccer tournament.
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Chief justice to give his final State of the Judiciary

January 10, 2012
Michael Hoskins
Indiana Chief Justice Randall T. Shepard on Wednesday will give his annual State of the Judiciary address to a joint session of the Indiana General Assembly, the final time he will do so before retiring in March.
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Justices take 4 cases

January 9, 2012
IL Staff
The Indiana Supreme Court has accepted four cases on transfer.
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Indiana Supreme Court will hear IBM case

January 9, 2012
Michael Hoskins
The Indiana Supreme Court will decide whether Gov. Mitch Daniels must appear for a deposition and testify in an ongoing lawsuit challenging the cancelled IBM contract to modernize the state’s welfare system.
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Judges examine double jeopardy issues in child support case

January 6, 2012
Michael Hoskins

The Indiana Court of Appeals has found a man’s three convictions on non-payment of child support for his three children don't violate double jeopardy principles, even though that issue is currently pending in another case before the Indiana Supreme Court.

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State Supreme Court's robo-calls ruling carries over to federal lawsuit

January 5, 2012
Michael Hoskins
A ruling by the Indiana Supreme Court upholding the state’s automated phone call ban has found its way into the briefing of a federal appeal challenging the same statute, and the attorneys disagree on whether the state justices adequately addressed a First Amendment issue.
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Changing how state appeals are started

January 4, 2012
Michael Hoskins
For the first time in Indiana’s history, lawyers and litigants will no longer be able to file appeals the way it has typically been done.
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A decade of court data is revealed

January 4, 2012
Michael Hoskins
Figures in the latest Judicial Service Report show near record-level filings continue and that the state needs more judges.
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Supreme Court upholds unemployment insurance decision

December 30, 2011
Michael Hoskins
The Indiana Supreme Court has upheld a Department of Workforce Development decision denying a woman her claim for unemployment insurance benefits after she was terminated for being unable to perform the required skills of her job.
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Justices rule on citizen tip in drunk driving case

December 30, 2011
Michael Hoskins
The Indiana Supreme Court has held that a police officer had reasonable suspicion to make an investigatory stop after receiving from dispatch a concerned citizen’s report of a suspected drunk driver.
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Justices uphold Indiana robo-calls ban

December 29, 2011
Michael Hoskins
The Indiana Supreme Court has held the state can continue enforcing a ban on automated robo-calls, with four justices finding that enforcement does not violate the Indiana Constitution’s free speech rights.
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High court takes 2 cases

December 28, 2011
IL Staff
The Indiana Supreme Court has taken a counterfeiting case and a case involving credit time that presents an issue of first impression, according to its latest transfer order.
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Supreme Court gives $160,000 for family court projects

December 28, 2011
IL Staff
Sixteen Indiana counties will share $160,000 in grant money from the Indiana Supreme Court to support their local family court projects.
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Justices to consider certified question on municipal reorganization

December 23, 2011
Michael Hoskins
The Indiana Supreme Court has accepted a certified question from a federal judge in Indianapolis that asks whether a township can reorganize into a city in a way that deprives some residents of their statutory rights to vote for mayor and city council.
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Justices suspend attorney for 18 months

December 21, 2011
Jennifer Nelson
Three Indiana justices decided that an attorney deserved an 18-month suspension for violating four rules of Professional Conduct, including charging an unreasonable fee. Justice Steven David didn’t participate in the case and Justice Robert Rucker believed the attorney only violated three of the rules and deserved a shorter suspension.
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Chief justice completing his 'dream job'

December 21, 2011
Michael Hoskins
Randall T. Shepard will retire from the bench as country’s longest-serving state court leader.
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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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