ILNews

Justices keep pace with past years' activity

Back to TopCommentsE-mailPrintBookmark and Share

In the final days before its fiscal calendar year ended, the Indiana Supreme Court kept pace with past years’ activity levels.

While the state’s five justices are not obligated to decide cases by any date and they don’t have an official end of term as the U.S. Supreme Court does before a summer recess, the Indiana Supreme Court operates on a fiscal calendar that runs July 1 to June 30 and it’s common for the justices to wrap up long-standing and high-profile matters before that fiscal calendar runs down.

A review of rulings in the past five years shows the justices handed down 24 rulings by the end of June, consistent with the number and types of decisions issued during the past four years – 26, 23, 25, and 29 going back to 2007. That number had been as high as 32 June opinions in 2006.

Regardless of the specific number in June, the month’s flurry of activity follows fewer opinions in May – anywhere from nine to 20 in recent years – and the typical handful in the remaining summer months.

As they typically do, the justices tackled a range of activity – from sex offender registration requirements, record access for private third-parties in litigation, unanimous jury verdicts in child molesting cases, and business transactions being considered leases. Others involved the legality of cheek swabs under the Fourth Amendment and the state of Indiana’s public intoxication law.

One of the trends that has surfaced in the past two years has been the bundling of cases at the end of a fiscal year. In June, the related cases involved attorney fees in adult wrongful death cases and the justices determined those fees and litigation expenses can be recovered under state statute. The main ruling on that issue was Jeffery H. McCabe v. Commissioner, Indiana Dept. of Insurance, No. 49S02-1010-CV-602, and two other cases accompanied it.

This year, the high court in its final week maintained a trend in addressing at least one case where it had to either uphold or strike down a state statute. That came in The Matter of A.B. v. State , No. 71S00-1002-JV-00156, and the justices upheld three state statutes involving juvenile placements by judges and the authority the Department of Child Services has in those decisions.

The statute-constitutionality questions in past years came with the Indiana voter ID statute being upheld in 2010, the Indiana Sex Offender Registry Act being struck down on ex post facto grounds in 2009, and sweeping decisions in previous years on sentencing and annexation cases.

The justices do not take a summer recess and do hold arguments and decide cases in July and August, though those numbers are typically lower than at other times of the year.

A full review of the recent rulings can be found online at Indiana Lawyer’s website.

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  2. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  3. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  4. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  5. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

ADVERTISEMENT