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Justices keep pace with past years' activity

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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.

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  1. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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