Indiana Supreme Court

Indiana justices answer certified question from federal court

May 14, 2010
Michael Hoskins
The Indiana Supreme Court says that a person or business that buys and later sells a wrecked vehicle must apply for a salvage title as required by state law, even if that vehicle’s been sold by the time that certificate is received.
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Grant funding available for state court reforms

May 14, 2010
IL Staff
State trial courts have until June 15 to apply for grants that would allow them to reform or improve their local judicial systems.
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COA affirms resisting police conviction

May 13, 2010
Jennifer Nelson
The Indiana Court of Appeals was hesitant to rely on an Indiana Supreme Court case’s definition of “forcibly resist” because that language doesn’t appear to adequately describe the meaning of the phrase as it has been recently applied.
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Fees updated for appellate courts

May 12, 2010
IL Staff
The Indiana Supreme Court published an order April 26 on the fees the state's appellate courts clerk can charge for miscellaneous services.
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Disciplinary Actions - 5/12

May 12, 2010
The Indiana Supreme Court Disciplinary Commission brings charges against attorneys who have violated the state's rules for admission to the bar and Rules of Professional Conduct.
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Judge G. Michael Witte named new discipline executive

May 12, 2010
Michael Hoskins
If Judge G. Michael Witte hadn't tried for the appellate bench about two years ago, he might not be in the position now to be Indiana's newest chief of lawyer ethics.
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Disciplinary attorneys: Judge experience a bonus

May 11, 2010
Michael Hoskins
Having a trial court judge as the executive leader of the Indiana Supreme Court Disciplinary Commission is a new approach for the state, but those intimately involved with attorney disciplinary matters say it could prove to be a positive change.
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No opinions for 3rd day in a row

May 11, 2010
The Indiana Court of Appeals has not had any published or unpublished opinions posted online since May 6.
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Attorney reprimanded for response to harassing calls

May 11, 2010
Michael Hoskins
The Indiana Supreme Court has publicly reprimanded an Indianapolis attorney who responded to harassing phone calls and pre-recorded messages to her unlisted phone number by asking a company representative if he was “gay” or “sweet.”
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Court names special judge for Marion County case

May 10, 2010
Michael Hoskins
A Shelby Superior judge will preside over a forgery investigation case involving Marion County GOP Chairman Tom John, after the presiding judge in the state’s largest county recused himself from the matter.
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Indiana's chief justice receives award for diversity efforts

May 7, 2010
Michael Hoskins
The National Black Law Students Association has honored Indiana Chief Justice Randall T. Shepard for his trailblazing work in diversifying the legal community, largely with the creation of the Indiana Conference for Legal Education Opportunity
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Justices rule on legal malpractice procedural issue

May 7, 2010
Michael Hoskins
An Indiana Supreme Court decision allows an Indianapolis attorney and a local law firm to raise a statute of limitations on legal malpractice claims against them.
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Justices approve 'double enhancement'

May 5, 2010
Jennifer Nelson
The Indiana Supreme Court affirmed the use of the same prior conviction to both elevate a defendant’s charge to a felony and find him a habitual substance offender because of explicit legislative direction on the enhancements.
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Comments sought on proposed rule changes

May 4, 2010
IL Staff
The Indiana Supreme Court Committee on Rules of Practice and Procedure is seeking comment on several proposed rule changes.
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Justices differ on reasonableness of GAL fees

May 3, 2010
Jennifer Nelson
If two parties in a domestic relations dispute sign a written contract to retain the services of a guardian ad litem, then the trial court must enforce the terms of the agreement unless it is contrary to public policy, the Indiana Supreme Court ruled Friday.
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Benton, Carroll counties on Odyssey

May 3, 2010
IL Staff
The courts in Benton and Carroll counties have joined nearly 50 other courts in the state using the Indiana Supreme Court Odyssey Case Management System. The courts and clerk’s offices in those counties went online Friday.
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High court grants 3 transfers

April 30, 2010
Jennifer Nelson
The Indiana Supreme Court granted transfer Thursday to three cases involving a murder conviction, a request for post-conviction relief, and the appointment of counsel for a mother involved in a termination proceeding.
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Justices rule on sentence modification

April 30, 2010
Jennifer Nelson
A conviction of a Class D felony that is later reduced to a Class A misdemeanor doesn’t prevent a trial court from modifying a sentence below the statutory minimum, the Indiana Supreme Court ruled today in a matter of first impression.
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High court addresses provision for 1st time

April 29, 2010
Jennifer Nelson
The Indiana Supreme Court affirmed the denial of summary judgment for an insurance company, finding the exclusion in the policy for injuries covered by workers’ compensation doesn’t apply.
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Justices: No error in declaring mistrial

April 28, 2010
A trial court's determination to discharge a jury at a defendant's second trial wasn't an abuse of discretion, the Indiana Supreme Court ruled Tuesday.
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Grant Superior judge steps aside

April 28, 2010
Michael Hoskins
A Grant County judge's illness has forced him from the bench temporarily, and the Indiana Supreme Court has appointed a deputy prosecutor from Marion as judge pro tempore.
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Longtime Indiana Judicial Center education director retires after 30 years

April 28, 2010
Michael Hoskins
Judicial education inside Indiana used to be much more like law school, where a knowledgeable "professor" would stand at the front of a room and lecture to "students" in the audience about a particular topic. That was how it was three decades ago, before Cathy Springer signed on as the Indiana Judicial Center's education director.
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Justices rule company engaged in UPL in trust mill case

April 28, 2010
Michael Hoskins
The Indiana Supreme Court orders an Indianapolis-based company to stop engaging in any conduct that might be considered unauthorized practice of law.
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SCOTUS declines to take Indiana case

April 20, 2010
Michael Hoskins
The nation's highest court refused to take an Indiana case involving a national insurance crime bureau worker's claim that he was a federal employee rather than an independent contractor when he helped with the prosecution of an insurance case.
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New foreclosure-prevention initiative announced

April 20, 2010
Rebecca Berfanger
To encourage more eligible Hoosiers to participate in settlement conferences when facing mortgage foreclosures, a new program involving the Indiana Supreme Court and the Indiana Foreclosure Prevention Network was announced today in Fort Wayne.
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  1. Too many attorneys take their position as a license to intimidate and threaten non attorneys in person and by mail. Did find it ironic that a reader moved to comment twice on this article could not complete a paragraph without resorting to insulting name calling (rethuglican) as a substitute for reasoned discussion. Some people will never get the point this action should have made.

  2. People have heard of Magna Carta, and not the Provisions of Oxford & Westminster. Not that anybody really cares. Today, it might be considered ethnic or racial bias to talk about the "Anglo Saxon common law." I don't even see the word English in the blurb above. Anyhow speaking of Edward I-- he was famously intolerant of diversity himself viz the Edict of Expulsion 1290. So all he did too like making parliament a permanent institution-- that all must be discredited. 100 years from now such commemorations will be in the dustbin of history.

  3. Oops, I meant discipline, not disciple. Interesting that those words share such a close relationship. We attorneys are to be disciples of the law, being disciplined to serve the law and its source, the constitutions. Do that, and the goals of Magna Carta are advanced. Do that not and Magna Carta is usurped. Do that not and you should be disciplined. Do that and you should be counted a good disciple. My experiences, once again, do not reveal a process that is adhering to the due process ideals of Magna Carta. Just the opposite, in fact. Braveheart's dying rebel (for a great cause) yell comes to mind.

  4. It is not a sign of the times that many Ind licensed attorneys (I am not) would fear writing what I wrote below, even if they had experiences to back it up. Let's take a minute to thank God for the brave Baron's who risked death by torture to tell the government that it was in the wrong. Today is a career ruination that whistleblowers risk. That is often brought on by denial of licenses or disciple for those who dare speak truth to power. Magna Carta says truth rules power, power too often claims that truth matters not, only Power. Fight such power for the good of our constitutional republics. If we lose them we have only bureaucratic tyranny to pass onto our children. Government attorneys, of all lawyers, should best realize this and work to see our patrimony preserved. I am now a government attorney (once again) in Kansas, and respecting the rule of law is my passion, first and foremost.

  5. I have dealt with more than a few I-465 moat-protected government attorneys and even judges who just cannot seem to wrap their heads around the core of this 800 year old document. I guess monarchial privileges and powers corrupt still ..... from an academic website on this fantastic "treaty" between the King and the people ... "Enduring Principles of Liberty Magna Carta was written by a group of 13th-century barons to protect their rights and property against a tyrannical king. There are two principles expressed in Magna Carta that resonate to this day: "No freeman shall be taken, imprisoned, disseised, outlawed, banished, or in any way destroyed, nor will We proceed against or prosecute him, except by the lawful judgment of his peers or by the law of the land." "To no one will We sell, to no one will We deny or delay, right or justice." Inspiration for Americans During the American Revolution, Magna Carta served to inspire and justify action in liberty’s defense. The colonists believed they were entitled to the same rights as Englishmen, rights guaranteed in Magna Carta. They embedded those rights into the laws of their states and later into the Constitution and Bill of Rights. The Fifth Amendment to the Constitution ("no person shall . . . be deprived of life, liberty, or property, without due process of law.") is a direct descendent of Magna Carta's guarantee of proceedings according to the "law of the land." http://www.archives.gov/exhibits/featured_documents/magna_carta/

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