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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. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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