Indiana Supreme Court

Justices answer certified question

June 29, 2010
Jennifer Nelson
The Indiana Supreme Court Monday answered the certified question sent to them by the U.S. District Court in New York about what standard should be applied in determining whether a director is “disinterested” under Indiana Code Section 23-1-32-4(d).
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High court takes 4 cases

June 29, 2010
IL Staff
The Indiana Supreme Court granted four transfers June 24, including one in which the Indiana Court of Appeals extended the duty to prevent injury to sports participants to include sporting event volunteers.
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Justices order trial on reasonable force issue

June 28, 2010
Jennifer Nelson
A law enforcement officer’s use of force in excess of reasonable force authorized by statute isn't shielded from liability under the "enforcement of a law" immunity under Indiana Code Section 34-13-3-3(8), the Indiana Supreme Court held today.
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Justices adopt appellate court findings

June 25, 2010
Michael Hoskins
The Indiana Supreme Court issued a pair of short per curiam opinions on Thursday afternoon that adopt what the Indiana Court of Appeals decided on two criminal appeals.
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Justices: Claim not allowed under MedMal act

June 23, 2010
Jennifer Nelson
Because claims for emotional distress aren’t allowed under the Adult Wrongful Death Statute, a father can’t bring this type of derivative claim under the Medical Malpractice Act, the Indiana Supreme Court ruled today.
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Justices dismiss DCS transfer petition

June 23, 2010
IL Staff
The Indiana Supreme Court has dismissed a transfer petition filed by the Indiana Department of Child Services because the Indiana Court of Appeals ruled in favor of the DCS.
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High court reappoints Disciplinary Commission member

June 23, 2010
IL Staff

The Indiana Supreme Court has reappointed a Disciplinary Commission member to a second, five-year term.

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Robo-calls at issue in Indiana courts

June 23, 2010
Michael Hoskins
A line of litigation has been playing out in state and federal courts involving what is and isn't allowed under the Automatic Dialing Machines Statute.
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Justices rule on judicial mandate case

June 22, 2010
Michael Hoskins
In its first case since the state amended its rules last year on how judicial mandates are handled, the Indiana Supreme Court has today issued a decision about a St. Joseph Superior judge’s mandate for the county to pay for multiple items he considered necessary for running the local juvenile justice system.
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Justices: statements fall within qualified privilege

June 18, 2010
Jennifer Nelson
The Indiana Supreme Court affirmed summary judgment in favor of a company and its employee in a defamation suit because qualified privilege precludes the defamation action.
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SCOTUS won't take Indiana lab tech case

June 14, 2010
Michael Hoskins
The nation’s highest court won’t take a case from the Indiana Supreme Court, which decided last year that it did not violate a man’s Sixth Amendment rights for a lab technician who’d processed DNA evidence to not testify at trial.
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Supreme Court denies transfer to four

June 10, 2010
Rebecca Berfanger

The Indiana Supreme Court denied transfer in four cases June 3. As of today’s Indiana Lawyer daily deadline, the court had not yet posted transfers since those from the week ending June 4.

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Justices say sentencing scores can be used

June 10, 2010
Michael Hoskins
State trial judges can consider sentencing scores to help tailor penalties to individual defendants, as long as those results aren’t used as final aggravating or mitigating factors in deciding a penalty length, the Indiana Supreme Court says
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Justices differ on defining 'youth program center'

June 9, 2010
Jennifer Nelson
Two Indiana Supreme Court justices objected to affirming a man’s drug sentence for possession within 1,000 feet of a “youth program center” because the church that ran the programs wasn’t easily identifiable as regularly running programs for kids.
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Articles about pending cases raise concerns

June 9, 2010
Michael Hoskins
At least two attorneys are questioning how some legal publications have included articles, columns, or other types of coverage on pending cases, and they worry that these articles may influence the judges on the cases.
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Indiana Justice Boehm stepping down after 14 years

June 9, 2010
Michael Hoskins
After more than a decade on the Indiana Supreme Court, Justice Theodore Boehm is ready to enter the next stage of his life and career.
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Schedule set to fill upcoming Indiana Supreme Court vacancy

June 9, 2010
Michael Hoskins
Anyone who wants to be the next Indiana Supreme Court justice has until the end of June to apply for upcoming vacancy on the state’s highest court.
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Justices order new trial based on traffic judge's conduct

June 9, 2010
Michael Hoskins
The Indiana Supreme Court has set the stage for a judicial disciplinary action against a Marion County Traffic Court judge for his courtroom conduct on a speeding and suspended license case last year.
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Officer's questions went beyond seat belt act

June 9, 2010
Jennifer Nelson
The inquiry by a police officer to a driver stopped for a seat belt violation about the "large, unusual bulge" in his pants went beyond the state's Seatbelt Enforcement Act, the Indiana Supreme Court ruled Thursday.
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Court to award $290,000 for abuse programs

June 3, 2010
The Indiana Court Improvement Program has announced it will be giving away up to $290,000 in grants to programs that help families and children involved in cases of neglect or abuse.
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Schedule set for Supreme Court justice vacancy

June 2, 2010
Michael Hoskins
Anyone who wants to be the next Indiana Supreme Court justice has until the end of this month to apply.
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Justices deny transfer in more than a dozen cases

June 1, 2010
Rebecca Berfanger
The Indiana Supreme Court considered 13 appeals during the past week, denying them all and rejecting a case that it had previously agreed to hear.
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Justices vacate transfer grant, reinstate COA ruling

May 27, 2010
Michael Hoskins
The Indiana Supreme Court has decided to not consider a case that justices had granted transfer on late last year, reinstating a lower appellate court’s ruling that a trial judge had abused her discretion in admitting a blood test in a drunken driving case.
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Disciplinary Commission asked to investigate its new leader

May 27, 2010
Michael Hoskins
A Dearborn County commissioner is accusing the county attorney of wrongly accusing two officials of violating federal law and wants the Indiana Supreme Court Disciplinary Commission to launch an investigation of its soon-to-be leader who starts in that office in mid-June.
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Justices rule on case about worker's compensation, damages

May 27, 2010
Michael Hoskins
Upholding a trial court ruling in a case stemming from a construction site accident, the Indiana Supreme Court has offered guidance for future trials about how juries should calculate a plaintiff’s already-paid compensation benefits when determining punitive damage awards.
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  1. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  2. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  3. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

  4. Catholic, Lutheran, even the Baptists nuzzling the wolf! http://www.judicialwatch.org/press-room/press-releases/judicial-watch-documents-reveal-obama-hhs-paid-baptist-children-family-services-182129786-four-months-housing-illegal-alien-children/ YET where is the Progressivist outcry? Silent. I wonder why?

  5. Thank you, Honorable Ladies, and thank you, TIL, for this interesting interview. The most interesting question was the last one, which drew the least response. Could it be that NFP stamps are a threat to the very foundation of our common law American legal tradition, a throwback to the continental system that facilitated differing standards of justice? A throwback to Star Chamber’s protection of the landed gentry? If TIL ever again interviews this same panel, I would recommend inviting one known for voicing socio-legal dissent for the masses, maybe Welch, maybe Ogden, maybe our own John Smith? As demographics shift and our social cohesion precipitously drops, a consistent judicial core will become more and more important so that Justice and Equal Protection and Due Process are yet guiding stars. If those stars fall from our collective social horizon (and can they be seen even now through the haze of NFP opinions?) then what glue other than more NFP decisions and TRO’s and executive orders -- all backed by more and more lethally armed praetorians – will prop up our government institutions? And if and when we do arrive at such an end … will any then dare call that tyranny? Or will the cost of such dissent be too high to justify?

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