Indiana Supreme Court

Justices: emotional distress actions not barred

December 13, 2011
Jennifer Nelson
The Indiana Supreme Court held Tuesday that separate actions by parents seeking damages for emotional distress from experiencing the stillbirth of their child are not barred by the Indiana Child Wrongful Death Act or the Indiana Medical Malpractice Act.
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1.8M cases filed in Indiana in 2010

December 13, 2011
IL Staff
Nearly two million new cases were filed in Indiana courts in 2010, a 3 percent increase as compared to 2001, according to the annual Indiana Judicial Service Report released Tuesday.
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Justices take guest statute case

December 12, 2011
IL Staff
The Indiana Supreme Court has accepted a case that deals with whether a tort claim filed by a son against his father should be precluded by the Indiana Guest Statute. The case prompted each judge on the Indiana Court of Appeals panel that heard the case to author an opinion.
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Indiana chief justice's retirement 'a natural thing'

December 7, 2011
Michael Hoskins
Indiana Chief Justice Randall T. Shepard – the longest-serving state court chief justice in the nation – is retiring from the bench in March after nearly 27 years on the appellate bench and a quarter century in that top administrative position.
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Shepard retiring as Indiana chief justice

December 7, 2011
Jennifer Nelson
Indiana Chief Justice Randall T. Shepard announced Wednesday that he is stepping down from the bench in March 2012.
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Disciplinary Actions - 12/7/11

December 7, 2011
IL Staff
Read who's been suspended and who receive a public reprimand by the Indiana Supreme Court.
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Justices accept 2 appeals and deny 24 cases

December 5, 2011
Michael Hoskins
The Indiana Supreme Court has accepted two cases, one involving a tax revenue assessment dispute and a second asking how trial judges decide on restraining defendants who disrupt courtroom proceedings.
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'Inextricably intertwined' exception appropriate under state constitution

November 30, 2011
Jennifer Nelson
The Indiana Supreme Court ruled Wednesday that under Article 1, Section 13 of the Indiana Constitution, the right to counsel is violated only where a different offense is inextricably intertwined with the charge on which counsel is already representing the defendant.
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Majority reverses Hopper advisement created last year

November 29, 2011
Jennifer Nelson
A divided Indiana Supreme Court has reversed its 2010 decision to require pro se defendants be informed about the dangers of pleading guilty without an attorney. Two of the justices who originally voted to create the “Hopper advisement” found themselves in the minority on the high court’s decision on rehearing.
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Supreme Court rules town can regulate aquifer's water use

November 23, 2011
Michael Hoskins
Underground aquifers are “watercourses” as defined by state law and as a result the Indiana Supreme Court says community officials have the ability to reasonably regulate how that water is taken out and used by other local governments.
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Holiday court closures, bankruptcy court changes

November 23, 2011
IL Staff
Indiana’s courts will be closed Thursday in honor of Thanksgiving. However, some court offices will be available to handle emergencies on Friday.
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Justices accept two cases

November 21, 2011
Michael Hoskins
The Indiana Supreme Court has granted transfer in two cases, one examining medical malpractice liability evidence for damages and another examining how Marion County’s mass tort litigation rules impact the overall goal of orderly and speedy justice in an asbestos case.
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Justices rule on applicable statute of limitations

November 17, 2011
Jennifer Nelson
The Indiana Supreme Court decided Thursday that the period within the general statute of limitations controls the limitation period when a medical provider may seek payment of outstanding bills for authorized treatment to an employer’s worker. The justices came to that conclusion after finding the Worker’s Compensation Act is silent on what the applicable limitation period is for this matter.
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Justices: court could impose only 1 juvenile commitment

November 17, 2011
Jenny Montgomery
The Indiana Supreme Court has issued an opinion affirming that a juvenile may not be sentenced to both a determinate and indeterminate commitment.
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Terre Haute Odyssey demonstration

November 17, 2011
IL Staff
The Terre Haute City Court and clerk will demonstrate for the public the new Odyssey case management system at 2:30 p.m. Nov. 21 in Terre Haute City Court, City Hall, 17 Harding Ave. Indiana Supreme Court Justice Frank Sullivan, Jr. will join local court officials to answer questions about the system and show the public how it works.
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Justice's wife honored for support of judiciary

November 16, 2011
IL Staff
Jan Aikman Dickson, the wife of Indiana Justice Brent E. Dickson, will be inducted into the Warren E. Burger Society Friday. Membership in this society honors those who have shown a commitment to improving the administration of justice through service or support to the National Center for State Courts.
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Justices suspend Logansport lawyer for 1 year

November 15, 2011
Michael Hoskins
The Indiana Supreme Court suspended a Logansport attorney for one year because he routinely allowed his secretary to prepare and sign his name on bankruptcy petitions and other court documents, including one petition that she mistakenly filed in the wrong District.
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Supreme Court to hold arguments in St. Joseph County

November 11, 2011
IL Staff
The Indiana Supreme Court will visit Indiana University South Bend and Notre Dame Law School Monday to hear arguments in two cases, including one in which a teen was sentenced to life without parole for murdering his brother.
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Barnes study committee to vote on final report

November 9, 2011
IL Staff
The interim subcommittee established as a result of the Indiana Supreme Court ruling in Barnes v. State will meet Thursday to vote on the adoption of a final report.
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Rookie year on the Supreme Court

November 9, 2011
Michael Hoskins
New Indiana Justice Steven David is settled but still finding his niche.
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Justices accept 1 transfer case, deny 9

November 8, 2011
Michael Hoskins
The Indiana Supreme Court granted transfer to a divorce case last week and denied nine other cases during its weekly private conference.
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Justices decline to reconsider out-of-state placements ruling

November 4, 2011
Michael Hoskins
The Indiana Supreme Court has denied a rehearing petition from the state attorney general’s office to revisit a June ruling that upheld three statutes involving juvenile judges’ authority on out-of-state placements.
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Justices vacate transfer

October 28, 2011
IL Staff
The Indiana Supreme Court has decided not to take the case of a man who was convicted of intimidation, driving drunk and possession of a firearm by a serious violent felon.
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2 Supreme Court staff to serve on national boards

October 27, 2011
IL Staff
Two Indiana Supreme Court staff members have been chosen to fill leadership roles on national boards.
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Court weighs cost of transportation

October 26, 2011
Michael Hoskins
The Indiana Supreme Court balances due process and parental rights.
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  1. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  2. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

  3. Hi there I really need help with getting my old divorce case back into court - I am still paying support on a 24 year old who has not been in school since age 16 - now living independent. My visitation with my 14 year old has never been modified; however, when convenient for her I can have him... I am paying past balance from over due support, yet earn several thousand dollars less. I would contact my original attorney but he basically molest me multiple times in Indy when I would visit.. Todd Woodmansee - I had just came out and had know idea what to do... I have heard he no longer practices. Please help1

  4. Yes diversity is so very important. With justice Rucker off ... the court is too white. Still too male. No Hispanic justice. No LGBT justice. And there are other checkboxes missing as well. This will not do. I say hold the seat until a physically handicapped Black Lesbian of Hispanic heritage and eastern religious creed with bipolar issues can be located. Perhaps an international search, with a preference for third world candidates, is indicated. A non English speaker would surely increase our diversity quotient!!!

  5. First, I want to thank Justice Rucker for his many years of public service, not just at the appellate court level for over 25 years, but also when he served the people of Lake County as a Deputy Prosecutor, City Attorney for Gary, IN, and in private practice in a smaller, highly diverse community with a history of serious economic challenges, ethnic tensions, and recently publicized but apparently long-standing environmental health risks to some of its poorest residents. Congratulations for having the dedication & courage to practice law in areas many in our state might have considered too dangerous or too poor at different points in time. It was also courageous to step into a prominent and highly visible position of public service & respect in the early 1990's, remaining in a position that left you open to state-wide public scrutiny (without any glitches) for over 25 years. Yes, Hoosiers of all backgrounds can take pride in your many years of public service. But people of color who watched your ascent to the highest levels of state government no doubt felt even more as you transcended some real & perhaps some perceived social, economic, academic and professional barriers. You were living proof that, with hard work, dedication & a spirit of public service, a person who shared their same skin tone or came from the same county they grew up in could achieve great success. At the same time, perhaps unknowingly, you helped fellow members of the judiciary, court staff, litigants and the public better understand that differences that are only skin-deep neither define nor limit a person's character, abilities or prospects in life. You also helped others appreciate that people of different races & backgrounds can live and work together peacefully & productively for the greater good of all. Those are truths that didn't have to be written down in court opinions. Anyone paying attention could see that truth lived out every day you devoted to public service. I believe you have been a "trailblazer" in Indiana's legal community and its judiciary. I also embrace your belief that society's needs can be better served when people in positions of governmental power reflect the many complexions of the population that they serve. Whether through greater understanding across the existing racial spectrum or through the removal of some real and some perceived color-based, hope-crushing barriers to life opportunities & success, movement toward a more reflective representation of the population being governed will lead to greater and uninterrupted respect for laws designed to protect all peoples' rights to life, liberty & the pursuit of happiness. Thanks again for a job well-done & for the inevitable positive impact your service has had - and will continue to have - on countless Hoosiers of all backgrounds & colors.

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