Indiana Supreme Court

Justices rule against woman injured by karate kick

February 16, 2017
Dave Stafford
A woman who sued a karate classmate when she was injured by his jump-kick cannot prove recklessness, the Indiana Supreme Court ruled Thursday, extending its jurisprudence applied to torts arising from sports injuries.
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Supreme Court reverses requirement for juvenile to register as a sex offender

February 15, 2017
Olivia Covington
A juvenile sex offender will not be required to add his name to Indiana’s sex offender registry after the Indiana Supreme Court decided Wednesday that the state had not met the requirements for juvenile registration.
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Justices hold mayor lacked authority to fire utilities superintendent

February 8, 2017
Olivia Covington
A divided Indiana Supreme Court held Wednesday that a mayor did not have statutory authority to terminate his city’s utilities superintendent, writing in an opinion that “may well offend sound public policy” that only the utilities board can terminate the superintendent with cause, notice and a hearing.
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Supreme Court reverses CHINS determination

February 7, 2017
Olivia Covington
The Indiana Supreme Court reversed a children in need of services determination Tuesday after agreeing to hear the parents’ case on the merits, despite their premature notices of appeal.
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Groth asks Supreme Court to order release of Pence emails

February 7, 2017
 Associated Press, IL Staff
An Indianapolis lawyer is asking the Indiana Supreme Court to order the release of emails sent to Vice President Mike Pence when he was governor.
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Indicted Indiana sheriff seeks removal of special prosecutor

February 7, 2017
 Associated Press
A northern Indiana sheriff's trial on bribery charges was postponed on the day it was to begin after his attorney questioned whether the special prosecutor should be removed from the case.
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Man convicted in officer's 1981 death set for prison release

February 6, 2017
 Associated Press
A man convicted of killing a Gary police officer in 1981 is about to walk free from an Indiana prison after twice having death sentences overturned.
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Hearing officer urges reprimand for Johnson County prosecutor

January 27, 2017
Dave Stafford
The Indiana Supreme Court should limit its discipline of Johnson County Prosecutor Bradley Cooper to a public reprimand, the hearing officer presiding over his case recommends.
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Justices grant relief to man who maintained innocence

January 26, 2017
Olivia Covington
The justices of the Indiana Supreme Court have reversed the denial of post-conviction relief to a man convicted of attempted murder and attempted burglary, holding that because the man maintained his innocence even as he pleaded guilty, the trial court erroneously denied his relief.
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Supreme Court upholds man's life sentence

January 25, 2017
Marilyn Odendahl
An Elkhart County man who smoked synthetic marijuana then stabbed his girlfriend to death was unable to convince the Indiana Supreme Court that his sentence of life without parole was unconstitutional.
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Justices revise sentence of man with mental illness

January 25, 2017
Olivia Covington
The justices of the Indiana Supreme Court have revised the sentence of a Daviess County man with a history of mental illness who was convicted of burglary, drawing on the dissent of Indiana Court of Appeals Judge Paul Mathias, who advocated for treatment for offenders who are mentally ill.
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Retiring Rucker urges diversity on court

January 25, 2017
Dave Stafford
As the first African-American to serve on the state’s appellate bench, retiring Indiana Supreme Court Justice Robert Rucker said he doesn’t think of himself as a trailblazer, but he said it’s important the state’s high court look like the population it serves.
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Rush praises ‘Partners in Justice’ during address

January 25, 2017
Olivia Covington
In her third State of the Judiciary address as chief justice of the Indiana Supreme Court, Loretta Rush highlighted how partnerships in the state’s judicial system are serving to further three initiatives to the benefit of litigants and legal professionals alike.
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Indiana Court Decisions

January 25, 2017
IL Staff
Read recent appellate court decisions.
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District court declines to stop Supreme Court disciplinary hearing

January 24, 2017
Olivia Covington
A federal judge has declined to intervene in an Indiana Supreme Court disciplinary proceeding against a northern Indiana attorney who claims he is being discriminated against in violation of the Americans with Disabilities Act.
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Justices take appeal from HHGregg managers denied bonus proceeds

January 24, 2017
Dave Stafford
The Indiana Supreme Court will hear a case weighing whether HHGregg senior managers are entitled to share in $40 million worth of life insurance proceeds from the 2012 death of then-executive chairman of the board Jerry Throgmartin.
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Judson honored with award for court administration

January 24, 2017
Olivia Covington
Former Indiana state court administrator Lilia Judson has been honored with an award recognizing her commitment to the administration of justice throughout the Indiana judiciary.
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Court allows release of juvenile offender ID for HIV study

January 23, 2017
IL Staff
The Indiana Supreme Court has approved the release of identifying information of young offenders in juvenile courts, including full names and partial social security numbers, as part of a scholarly study into health care utilization and quality for juvenile offenders.
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Retiring Rucker says he’s no trailblazer, but urges diversity on court

January 19, 2017
Dave Stafford
As the first African-American to serve on the Indiana Court of Appeals and just the second on the Indiana Supreme Court, retiring Justice Robert Rucker said he doesn’t think of himself as a trailblazer, but he said it’s important the state’s high court look like the population of the state.
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Justices seek to define ‘indisputably’ in K-9 case

January 19, 2017
Olivia Covington
After leading South Bend police officers on a five-minute vehicular chase through city streets, Royce Love eventually stopped his van and was ordered to exit it. Love’s account of what happened next varies significantly from the officers’ account, and that disparity was the main issue the justices of the Indiana Supreme Court sought to resolve when they heard arguments in the case Thursday.
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Rush touts pro bono, partnerships in State of Judiciary

January 18, 2017
Olivia Covington
More than 7,000 Indiana attorneys donated more than 220,000 hours of pro bono service to Hoosiers in need last year, numbers Indiana Supreme Court Chief Justice Loretta Rush said reflect the state judiciary’s commitment to a collaborative approach to the practice of law.
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BLE members dismissed from suit challenging notice, bar exam constitutionality

January 16, 2017
Olivia Covington
A federal judge has declined to hear a recent law school graduate’s case against the members of the Indiana Board of Law Examiners, citing precedent that requires federal courts to abstain to from hearing certain ongoing state proceedings. But the judge did require the state to respond to the plaintiff’s claims that portions of the bar exam are unconstitutional.
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Camm prosecutor reprimanded for book deal

January 13, 2017
IL Staff
The Indiana Supreme Court has imposed a public reprimand against a Floyd County prosecutor charged with violations of three Professional Conduct Rules after he failed to recuse himself from a case he planned to write a book about.
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Justices consider PCR waiver in death penalty case

January 12, 2017
Olivia Covington
After a public defender failed to secure a statutorily required signature on Kevin Isom’s petition for post-conviction relief, Isom, a convicted murderer who has been sentenced to death, lost confidence in his legal team. He refused to provide his signature after the error was discovered, vowing not to sign unless he was appointed new counsel.
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State judicial leaders present budget proposals at first Ways and Means meeting

January 11, 2017
Olivia Covington
Indiana’s top judicial leaders made their cases for additional funding in the next two years on Wednesday, with the biggest funding boost requested to support continued court technology initiatives.
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  4. Mr. Levin says that the BMV engaged in misconduct--that the BMV (or, rather, someone in the BMV) knew Indiana motorists were being overcharged fees but did nothing to correct the situation. Such misconduct, whether engaged in by one individual or by a group, is called theft (defined as knowingly or intentionally exerting unauthorized control over the property of another person with the intent to deprive the other person of the property's value or use). Theft is a crime in Indiana (as it still is in most of the civilized world). One wonders, then, why there have been no criminal prosecutions of BMV officials for this theft? Government misconduct doesn't occur in a vacuum. An individual who works for or oversees a government agency is responsible for the misconduct. In this instance, somebody (or somebodies) with the BMV, at some time, knew Indiana motorists were being overcharged. What's more, this person (or these people), even after having the error of their ways pointed out to them, did nothing to fix the problem. Instead, the overcharges continued. Thus, the taxpayers of Indiana are also on the hook for the millions of dollars in attorneys fees (for both sides; the BMV didn't see fit to avail itself of the services of a lawyer employed by the state government) that had to be spent in order to finally convince the BMV that stealing money from Indiana motorists was a bad thing. Given that the BMV official(s) responsible for this crime continued their misconduct, covered it up, and never did anything until the agency reached an agreeable settlement, it seems the statute of limitations for prosecuting these folks has not yet run. I hope our Attorney General is paying attention to this fiasco and is seriously considering prosecution. Indiana, the state that works . . . for thieves.

  5. I'm glad that attorney Carl Hayes, who represented the BMV in this case, is able to say that his client "is pleased to have resolved the issue". Everyone makes mistakes, even bureaucratic behemoths like Indiana's BMV. So to some extent we need to be forgiving of such mistakes. But when those mistakes are going to cost Indiana taxpayers millions of dollars to rectify (because neither plaintiff's counsel nor Mr. Hayes gave freely of their services, and the BMV, being a state-funded agency, relies on taxpayer dollars to pay these attorneys their fees), the agency doesn't have a right to feel "pleased to have resolved the issue". One is left wondering why the BMV feels so pleased with this resolution? The magnitude of the agency's overcharges might suggest to some that, perhaps, these errors were more than mere oversight. Could this be why the agency is so "pleased" with this resolution? Will Indiana motorists ever be assured that the culture of incompetence (if not worse) that the BMV seems to have fostered is no longer the status quo? Or will even more "overcharges" and lawsuits result? It's fairly obvious who is really "pleased to have resolved the issue", and it's not Indiana's taxpayers who are on the hook for the legal fees generated in these cases.

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