Courts

SCOTUS doesn't take any Indiana cases

October 3, 2011
Michael Hoskins
The Supreme Court of the United States has declined to take several Indiana cases, including a criminal appeal about whether a stun belt restraint on a defendant during trial and sentencing is prejudicial.
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PACER fee increase begins April 2012

October 3, 2011
IL Staff
The 2-cent increase per page to access electronic information on the Public Access to Court Electronic Records system will take effect April 1, 2012. The Judicial Conference of the United States authorized raising the fee to 10 cents a page to cover maintenance costs as well as to enhance the system.
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Judges uphold admission of robbery confession

October 3, 2011
Jennifer Nelson
A trial court did not err in admitting evidence of uncharged misconduct from another incident during a defendant’s trial for robbery, the Indiana Court of Appeals ruled Monday. The evidence contained a letter that helped corroborate the man’s confession to the robbery.
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Commission urges discipline for former Marion County prosecutor

September 30, 2011
Michael Hoskins
The Indiana Supreme Court’s Disciplinary Commission wants the state's highest court to find former Marion County Prosecutor Carl Brizzi committed misconduct when he made statements about two high-profile cases he handled as prosecutor.
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Justices agree subsidiaries are not new employers

September 30, 2011
Jennifer Nelson
Emphasizing its ruling only deals with determining the proper merit rate for unemployment fund contributions, the Indiana Supreme Court ruled a manufacturer did not create employers through its new subsidiaries, so it wasn’t entitled to a lower rate.
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Bankruptcy judges relocating

September 30, 2011
IL Staff
Beginning in October, three of the bankruptcy judges in the Southern District of Indiana will be relocating their courtrooms because of construction at the Birch Bayh Federal Building and United States Courthouse.
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SJCBA releases results of judicial survey

September 30, 2011
IL Staff
The St. Joseph County Bar Association has released the findings of its annual survey of Superior judges. The bar association conducts the survey each year even if no judges are up for retention, which is the case for 2011.
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Appellate court to visit southern Indiana Oct. 4

September 30, 2011
IL Staff
Two panels from the Indiana Court of Appeals will hear arguments at universities in southern Indiana next week.
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Justices suspend attorney for collecting 'exploitive fee'

September 29, 2011
Jennifer Nelson
The Indiana Supreme Court has suspended an Indianapolis attorney after finding he engaged in attorney misconduct by collecting a “clearly unreasonable and exploitive fee” from a vulnerable client.
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Court: CHINS fact-finding hearing required by due process

September 28, 2011
Michael Hoskins
The Indiana Court of Appeals disagrees with the state Department of Child Services that fact-finding and dispositional hearings in a child in need of services case are interchangeable. The appellate panel has ruled a Marion County father’s due process rights were denied because he didn’t receive the opportunity for a fact-finding hearing.
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Justices uphold murderer's convictions

September 28, 2011
Jennifer Nelson
The Indiana Supreme Court has affirmed that a man will serve life in prison without parole for his role in the murders of seven people in Indianapolis in 2006.
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Appeals court reverses judge on visitation ruling

September 28, 2011
Michael Hoskins
The state’s intermediate appellate court has reversed a southern Indiana judge’s ruling that a boyfriend should retain visitation rights over an ex-girlfriend’s child. It ruled that the finding is contrary to law because lawmakers didn’t allow for that type of circumstance to warrant visitation.
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Federal judge finds U.S. law preempts state 'robo-call' statute

September 28, 2011
Michael Hoskins
The state is not able to prevent out-of-state entities from placing political calls to residents within Indiana because of an existing federal law, according to a federal judge’s ruling on Indiana’s auto-dialer statute.
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Indiana asks U.S. Supreme Court to take health care law challenge

September 28, 2011
IL Staff
Indiana and 25 other states have filed a petition for writ of certiorari with the Supreme Court of the United States asking the nation’s highest court to rule on a lawsuit involving the Affordable Care Act.
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Judge sues to prevent local court closureRestricted Content

September 28, 2011
Michael Hoskins
The consolidation is a byproduct of the state judiciary’s reform efforts.
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2 cities face gun-compliance lawsuitsRestricted Content

September 28, 2011
Jenny Montgomery
The plaintiffs' attorney says the complaints are inspired by willful disregard of state law.
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Judge: query goes too far

September 28, 2011
Michael Hoskins
Ruling strikes down one Indiana bar exam application question.
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Justices clarify police resistance ruling

September 28, 2011
Michael Hoskins
Emphasizing that it’s not trampling on the Fourth Amendment and allowing police to illegally enter one’s home, the Indiana Supreme Court has revisited a case it decided four months ago and reinforced its ruling that residents don’t have a common law right to resist police entering one’s home.
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Legal community remembers longtime judge

September 28, 2011
Jenny Montgomery
Judge Robert Brown was known for patience and professionalism.
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Mobile devices lighten loads, boost productivity for attorneysRestricted Content

September 28, 2011
Jenny Montgomery
New Albany attorney Derrick Wilson is frequently in the courtroom, and when he needs to check on a fact quickly, he turns to his trusty smartphone.
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'Shadow' jurors outside the boxRestricted Content

September 28, 2011
Michael Hoskins
The litigation technique is rare in Indiana.
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Disciplinary Actions - 9/28/11

September 28, 2011
IL Staff
Read who's been suspended or received a public reprimand.
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Settlement resolves casino money cases

September 28, 2011
Michael Hoskins
The six-year casino revenue litigation that sparked multiple lawsuits statewide, went to Indiana’s appellate courts multiple times, and led to legislative initiatives is coming to a close.
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Court OKs access to Odyssey data

September 28, 2011
Michael Hoskins
In an order released Sept. 14, the Indiana Supreme Court detailed the process for obtaining bulk distribution of and remote access to the records of Indiana courts using the Odyssey case management system, which is gradually connecting all of Indiana’s trial courts.
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Township board OKs court move

September 28, 2011
IBJ Staff
The Center Township Board on Sept. 21 approved a plan to move the township’s small claims court from the downtown Indianapolis City-County Building to the Julia M. Carson Government Center despite a judge’s objection.
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  1. Hail to our Constitutional Law Expert in the Executive Office! “What you’re not paying attention to is the fact that I just took an action to change the law,” Obama said.

  2. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  3. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  4. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  5. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

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