Indiana Supreme Court

Visitation-adoption agreement not allowed

December 1, 2009
Michael Hoskins
State law doesn't allow for post-adoption visitation that's contingent upon a voluntary termination of parental rights, the Indiana Supreme Court has ruled.
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Justices draw bright line on children's fault

December 1, 2009
Jennifer Nelson
Indiana law recognizes a rebuttable presumption that children ages 7 to 14 aren't capable of contributory negligence, the state's Supreme Court has confirmed.
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High court splits in hospital negligence suit

December 1, 2009
Jennifer Nelson
The Indiana Supreme Court split on whether a hospital was negligent in letting a woman with injuries possibly caused by domestic violence leave with her alleged abuser, who killed her on the way home after being discharged.
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Rehearing denied in Camm case

November 30, 2009
Jennifer Nelson
A split Indiana Supreme Court has decided not to reconsider its decision to order a third trial for a former state trooper accused of killing his wife and two children nearly 10 years ago.
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Justices consider 'youth program center' issue

November 24, 2009
Michael Hoskins
Walter Whatley isn't disputing the fact that he was in possession of cocaine and that he should be held accountable for that.Instead, the Indianapolis defendant argues that he shouldn't have been convicted of Class A felony cocaine possession, which is what he was charged with given that he had the cocaine within 1,000 feet of a "youth program center" or a church near his home, where police arrested him after finding more than three grams of the illegal substance on him.
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Transfer granted to 'knock and talk' case

November 24, 2009
Jennifer Nelson
The state's highest court has agreed to hear a case in which the Indiana Court of Appeals split on whether a police "knock and talk" investigation violated a man's constitutional rights.
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High court recognized for law day program

November 24, 2009
IL Staff
The Indiana Supreme Court has received an award from the American Bar Association for its Law Day program this year that focused on Abraham Lincoln as a lawyer.
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New academy named after chief justice

November 18, 2009
IL Staff
Students in Vanderburgh County soon will be able to attend an academy named after the state's chief justice; the academy will focus on the law and social justice.
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Reimbursement to estate should be proportional

November 18, 2009
Jennifer Nelson
The Indiana Supreme Court ruled today that a proportional allocation of proceeds from a pre-trial settlement would be best way to reimburse an estate for funeral and burial expenses.
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Court says why it removed special prosecutor

November 16, 2009
Jennifer Nelson
The Indiana Supreme Court released an original action Nov. 13 explaining why it ordered an appointed special prosecutor in Delaware County removed from a case.
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High court takes post-conviction case

November 13, 2009
IL Staff
The Indiana Supreme Court granted transfer Thursday to a post-conviction case in which the defendant, who spoke only Spanish, claimed he didn't enter his plea knowingly or intelligently.
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Justices hear compulsive gambling arguments

November 12, 2009
Michael Hoskins
State gaming regulations prohibit a compulsive gambler from even filing a lawsuit against a casino, a New Albany attorney told the Indiana Supreme Court today.
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Ukrainian judges to visit for 5th time

November 11, 2009
IL Staff
For the fifth consecutive year, Ukrainian judges will visit the Indiana Supreme Court to learn about the U.S. government.
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New JLAP funds to help legal profession

November 9, 2009
IL Staff
Two new funds have been created to help judges, attorneys, and law students who need assistance in treating mental health or dependency issues, the Indiana Supreme Court announced today.
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Justices set execution in stun-belt restraint case

November 3, 2009
Michael Hoskins
The Indiana Supreme Court has denied a condemned inmate's challenge to his death sentence and set a date for what would be the state's first execution in more than two years.
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BMV policy change case gets transfer

November 2, 2009
Jennifer NelsonMore

Loan repayment program renamed after justice

October 30, 2009
IL Staff
The recently resurrected Indiana Bar Foundation Loan Repayment Assistance Program has been named in honor of former Indiana Supreme Court Justice Richard M. Givan, who died in July.
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Supreme Court upholds denial of continuance

October 27, 2009
Jennifer Nelson
The majority of justices on the Indiana Supreme Court agreed that the trial court didn't abuse its discretion in denying a married couple's pro se motion to continue after their attorney withdrew six weeks before trial. The dissenting justice argued because of the complexities of the case, the trial court should have granted the couple's motion.
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Supreme Court grants transfer to OWI case

October 26, 2009
Jennifer Nelson
The Indiana Supreme Court granted transfer Oct. 22 to a case involving a conviction of operating a motor vehicle while intoxicated.
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Student loan repayment program resumes

October 26, 2009
IL Staff
A suspended program that helps attorneys working with civil legal aid organizations repay their student loans has been reinstated thanks to the Indiana Supreme Court.
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Court history symposium Nov. 6

October 26, 2009
IL Staff
The second annual CLE forum "Court History Symposium: Court History and History in the Making" will feature Elizabeth Monroe, who will discuss federal territorial materials and what they reveal about the early practice of law in Indiana; Indiana Supreme Court Chief Justice Randall T. Shepard; and a judicial roundtable of judges from the Southern District.
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Writ removes special prosecutor

October 20, 2009
Jennifer Nelson
The Indiana Supreme Court has ordered Delaware Circuit Court to vacate its order appointing J.A. Cummins as special prosecuting attorney and appoint someone else to serve in that capacity.
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Efforts to aid those facing foreclosure continue

October 19, 2009
Rebecca Berfanger
More than 1,000 Indiana attorneys, judges, and mediators have attended CLE trainings since June about mortgage foreclosures.
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Attorneys ask justices to consider voter ID case

October 19, 2009
Michael Hoskins
In an expected move, the Indiana Attorney General's Office has asked the state Supreme Court to consider whether the 4-year-old voter identification law is constitutional.
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Court: Conference constitutes 'congestion'

October 19, 2009
Michael Hoskins
A Marion Superior judge didn't err by continuing a jury trial because a mandatory judicial conference resulted in too few judges and magistrates being available, the Indiana Supreme Court has reiterated in an order.
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  1. Ah yes... Echoes of 1963 as a ghostly George Wallace makes his stand at the Schoolhouse door. We now know about the stand of personal belief over service to all constituents at the Carter County Clerk door. The results are the same, bigotry unable to follow the directions of the courts and the courts win. Interesting to watch the personal belief take a back seat rather than resign from a perception of local power to make the statement.

  2. An oath of office, does it override the conscience? That is the defense of overall soldier who violates higher laws, isnt it? "I was just following orders" and "I swore an oath of loyalty to der Fuhrer" etc. So this is an interesting case of swearing a false oath and then knowing that it was wrong and doing the right thing. Maybe they should chop her head off too like the "king's good servant-- but God's first" like St Thomas More. ...... We wont hold our breath waiting for the aclu or other "civil liberterians" to come to her defense since they are all arrayed on the gay side, to a man or should I say to a man and womyn?

  3. Perhaps we should also convene a panel of independent anthropological experts to study the issues surrounding this little-known branch of human sacrifice?

  4. I'm going to court the beginning of Oct. 2015 to establish visitation and request my daughters visits while she is in jail. I raised my grandchild for the first two and half years. She was born out of wedlock and the father and his adopted mother wantwd her aborted, they went as far as sueing my daughter for abortion money back 5mo. After my grandchild was born. Now because of depression and drug abuse my daughter lost custody 2 and a half years ago. Everyting went wrong in court when i went for custody my lawyer was thrown out and a replacment could only stay 45 min. The judge would not allow a postponement. So the father won. Now he is aleinating me and my daughter. No matter the amount of time spent getting help for my daughter and her doing better he runs her in the ground to the point of suicide because he wants her to be in a relationship with him. It is a sick game of using my grandchild as a pawn to make my daughter suffer for not wanting to be with him. I became the intervener in the case when my daughter first got into trouble. Because of this they gave me her visitation. Im hoping to get it again there is questions of abuse on his part and I want to make sure my grandchild is doing alright. I really dont understand how the parents have rights to walk in and do whatever they want when the refuse to stand up and raise the child at first . Why should it take two and a half years to decide you want to raise your child.The father used me so he could finish college get a job and stop paying support by getting custody. Support he was paying my daughter that I never saw.

  5. Pence said when he ordered the investigation that Indiana residents should be troubled by the allegations after the video went viral. Planned Parenthood has asked the government s top health scientists at the National Institutes of Health to convene a panel of independent experts to study the issues surrounding the little-known branch of medicine.

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