Indiana Supreme Court

Attorneys get public reprimand

March 11, 2009
Jennifer Nelson
In a disciplinary action released by the Indiana Supreme Court today, the justices held that the text of a 2004 version of the Indiana Professional Conduct Rule 1.15(b), as reinforced by Comment 3, required attorneys to promptly distribute undisputed portions of funds they held for clients or third parties.
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Single order can have more than 1 disposition

March 10, 2009
Michael Hoskins
The Indiana Supreme Court has clarified juvenile caselaw, telling trial courts they can order a juvenile be committed to the Department of Correction and in the same order also require probation after release.
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Court names temporary judges

March 10, 2009
IL Staff
Two temporary judges have been selected by the Indiana Supreme Court to fill vacancies in Wayne and Madison counties.
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Supreme Court grants transfer, remands case

March 10, 2009
Jennifer Nelson
The Indiana Supreme Court granted transfer to a case involving a defendant's motion for leave to file a belated appeal and remanded the case for further proceedings.
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High court transfers jury-instruction case

March 6, 2009
Jennifer Nelson
The Indiana Supreme Court granted transfer Thursday to a case in which a man's attempted murder conviction was ordered to be vacated as a result of his attorney's deficient performance on appeal.
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Transfer vacated in builder negligence suit

March 6, 2009
IL Staff
The Indiana Supreme Court vacated transfer in an order dated March 4 to a case involving homeowners and companies that performed work on their house
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High court grants order in election case

March 5, 2009
IL Staff
The Indiana Supreme Court issued an order today granting the Marion County Election Board's corrected motion to remand a case pursuant to Appellate Rule 37.
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High court reverses $2.3 million jury award

March 4, 2009
Jennifer NelsonMore

Supreme Court disbars attorney

March 2, 2009
Jennifer Nelson
A split Indiana Supreme Court voted to immediately disbar an Indianapolis attorney who pleaded guilty to one count of willfully making a false tax return.
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Court grants 5 transfers, denies 1

March 2, 2009
IL Staff
The Indiana Supreme Court has agreed to take five cases, but declined to hear a judicial review case involving a transfer tax.
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High court vacates transfer

February 27, 2009
Jennifer Nelson
The Indiana Supreme Court vacated transfer yesterday in a case in which a defendant appealed his convictions of voluntary manslaughter, carrying a handgun without a license, and finding that he was a habitual offender.
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Foreclosure programs aimed at judges, lawyers

February 26, 2009
IL Staff
The Indiana Supreme Court announced today it's partnering with Indiana Legal Services Inc. and the Legal Aid Society of Southwest Ohio to sponsor training for attorneys, judges, and mediators about how to help families facing foreclosure.
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Justices order mandate writ against court

February 25, 2009
IL Staff
The Indiana Supreme Court has granted a relator's verified petition for writ of mandamus and prohibition against a Grant Superior judge and the clerk.
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High court grants transfer to 3 cases

February 20, 2009
Jennifer Nelson
The Indiana Supreme Court granted transfer to three cases Thursday, including one case involving challenges to a ruling on pretrial motions after a guilty plea.
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New 1st district rep named to commission

February 20, 2009
IL Staff
Evansville native Christine H. Keck has been appointed to represent the first district on the Indiana Commission on Judicial Qualifications, the Indiana Supreme Court announced today.
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House committee split, justice election bill stuck

February 17, 2009
Michael Hoskins
Legislation aimed at changing how the Indiana Supreme Court justices are chosen hasn't gotten enough support to make it out of committee for now, getting a split vote from lawmakers that means it won't be going to the full House for consideration.
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Breaking: Election of justices bill debated today

February 17, 2009
IL Staff
House Joint Resolution 9, which calls for the election of Indiana Supreme Court justices, has been reassigned to the Committee on Government and Regulatory Reform and is on the agenda to be debated today before the House comes back at 1 p.m.
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Court rules on upward sentence revision

February 10, 2009
Jennifer Mehalik
The Indiana Supreme Court held today that appellate courts have the authority to increase a sentence on appeal, but the state can't initiate or cross-appeal review of the sentence and can't ask for a greater sentence if the defendant doesn't initiate an appeal.
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Justices split in granting transfer

February 4, 2009
Jennifer Nelson
The Indiana Supreme Court was split in its decision to deny transfer in a case in which a defendant claimed misconduct by the prosecutor when he read a poem about drugs during voir dire.
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High court grants 2 transfers

February 2, 2009
Jennifer Nelson
The Indiana Supreme Court granted transfer to two cases Jan. 29, one involving statements given to police and the other whether a man's trial counsel was ineffective.
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Law examiners board gets new officers, members

January 29, 2009
IL Staff
The State Board of Law Examiners has new members this year, thanks to two appointments by the Indiana Supreme Court, as well as newly elected officers.
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Snow closes some federal, county courts

January 28, 2009
Michael Hoskins
The foot or more of snow dumped on the southern two-thirds of Indiana hasn't stopped some attorneys from making it to their offices today, but it has closed some courts around the state.
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Justices: City can proceed with ELA claim

January 23, 2009
Jennifer Nelson
The Indiana Supreme Court held that the city of South Bend's claim under the Environmental Legal Action statute can continue because the statute of limitations hadn't run out.
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High court rules on landlord-tenant dispute

January 22, 2009
Michael Hoskins
Landlords must refund a security deposit and can't get money back for property damage if they don't adequately or timely notify tenants about those claims, but landlords can still recover unpaid rent and other losses, the Indiana Supreme Court ruled today.
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Legislator wants elected high court jurists

January 16, 2009
IL Staff
One Indiana legislator wants to make changes to the state's highest court, including how the jurists are seated.
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  1. I grew up on a farm and live in the county and it's interesting that the big industrial farmers like Jeff Shoaf don't live next to their industrial operations...

  2. So that none are misinformed by my posting wihtout a non de plume here, please allow me to state that I am NOT an Indiana licensed attorney, although I am an Indiana resident approved to practice law and represent clients in Indiana's fed court of Nth Dist and before the 7th circuit. I remain licensed in KS, since 1996, no discipline. This must be clarified since the IN court records will reveal that I did sit for and pass the Indiana bar last February. Yet be not confused by the fact that I was so allowed to be tested .... I am not, to be clear in the service of my duty to be absolutely candid about this, I AM NOT a member of the Indiana bar, and might never be so licensed given my unrepented from errors of thought documented in this opinion, at fn2, which likely supports Mr Smith's initial post in this thread: http://caselaw.findlaw.com/us-7th-circuit/1592921.html

  3. When I served the State of Kansas as Deputy AG over Consumer Protection & Antitrust for four years, supervising 20 special agents and assistant attorneys general (back before the IBLE denied me the right to practice law in Indiana for not having the right stuff and pretty much crushed my legal career) we had a saying around the office: Resist the lure of the ring!!! It was a take off on Tolkiem, the idea that absolute power (I signed investigative subpoenas as a judge would in many other contexts, no need to show probable cause)could corrupt absolutely. We feared that we would overreach constitutional limits if not reminded, over and over, to be mindful to not do so. Our approach in so challenging one another was Madisonian, as the following quotes from the Father of our Constitution reveal: The essence of Government is power; and power, lodged as it must be in human hands, will ever be liable to abuse. We are right to take alarm at the first experiment upon our liberties. I believe there are more instances of the abridgement of freedom of the people by gradual and silent encroachments by those in power than by violent and sudden usurpations. Liberty may be endangered by the abuse of liberty, but also by the abuse of power. All men having power ought to be mistrusted. -- James Madison, Federalist Papers and other sources: http://www.constitution.org/jm/jm_quotes.htm RESIST THE LURE OF THE RING ALL YE WITH POLITICAL OR JUDICIAL POWER!

  4. My dear Mr Smith, I respect your opinions and much enjoy your posts here. We do differ on our view of the benefits and viability of the American Experiment in Ordered Liberty. While I do agree that it could be better, and that your points in criticism are well taken, Utopia does indeed mean nowhere. I think Madison, Jefferson, Adams and company got it about as good as it gets in a fallen post-Enlightenment social order. That said, a constitution only protects the citizens if it is followed. We currently have a bevy of public officials and judicial agents who believe that their subjectivism, their personal ideology, their elitist fears and concerns and cause celebs trump the constitutions of our forefathers. This is most troubling. More to follow in the next post on that subject.

  5. Yep I am not Bryan Brown. Bryan you appear to be a bigger believer in the Constitution than I am. Were I still a big believer then I might be using my real name like you. Personally, I am no longer a fan of secularism. I favor the confessional state. In religious mattes, it seems to me that social diversity is chaos and conflict, while uniformity is order and peace.... secularism has been imposed by America on other nations now by force and that has not exactly worked out very well.... I think the American historical experiment with disestablishmentarianism is withering on the vine before our eyes..... Since I do not know if that is OK for an officially licensed lawyer to say, I keep the nom de plume.

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