Fourth Amendment
Lawmakers discuss Barnes police entry ruling
August 25, 2011
Michael HoskinsAn Indiana summer study committee met for the second time Wednesday to discuss a state Supreme Court ruling from earlier this
year involving the right to resist police entry into one’s home.
MorePublic to testify before Barnes subcommittee
August 23, 2011
IL StaffThe subcommittee formed to address the issue of illegal police entry following an Indiana Supreme Court ruling will hear public
testimony and discuss draft language at its Wednesday meeting.
MoreJustices rule officer didn't search car to find gun
July 11, 2011
Jennifer NelsonThe Indiana Supreme Court has upheld a man’s firearm conviction, finding the police officer who found a handgun in the
man’s car during a traffic stop wasn’t searching the car when he saw the gun.
MoreJustices keep pace with past years' activity
July 5, 2011
Michael HoskinsIn the final days before its fiscal calendar year ended, the Indiana Supreme Court kept pace with past years’ activity
levels.
MoreSupreme Court rules on cheek swab case
June 30, 2011
Jennifer NelsonIn a 4-1 decision handed down June 30, the Indiana Supreme Court found a man's consent to the swab of his cheek for DNA
was voluntary, so the swab didn't violate the Fourth Amendment.
MoreLawmakers discuss scope of police entry case
June 30, 2011
Michael HoskinsA Bedford lawyer-legislator says a recent Indiana Supreme Court decision on resisting police entry has resulted in more feedback
from attorneys and residents statewide than he’s experienced since the daylight saving time debate.
MoreJudges halt enforcement of challenged laws
June 27, 2011
Jennifer NelsonTwo federal judges issued preliminary injunctions June 24 preventing parts of two new controversial laws regarding immigration
and funding of Planned Parenthood of Indiana from being enforced.
MoreJustices asked to rehear Barnes
June 22, 2011
Michael HoskinsThe Indiana Supreme Court is being asked to revisit a ruling on a person’s right to resist illegal law enforcement entry
into one’s home, and 71 state legislators have signed an amicus curiae brief asking the justices to narrow their decision.
MoreLegislative committee to look at Barnes decision
June 8, 2011
Jennifer NelsonNot since daylight-saving time has an issue agitated Sen. Brent Steele’s constituents as much as the recent decision
by the Indiana Supreme Court on illegal police entry.
MoreJustices rule: No right to resist
June 8, 2011
Michael HoskinsThe Indiana Supreme Court caught many people off guard when it abolished the common law right of citizens to reasonably resist
police from entering their homes, no matter the situation and regardless of whether the entry is legal.
MoreHundreds gather for rally against Indiana Supreme Court ruling
May 25, 2011
Michael HoskinsNearly 300 people gathered on the steps of the Indiana Statehouse Wednesday, many calling for the recall of Indiana Supreme
Court Justice Steven H. David. Justice David authored the recent high court ruling that held individuals don’t have
the right to resist police who enter their home, even if those entries are illegal.
MoreSupreme Court receives threats after ruling
May 17, 2011
Jennifer NelsonThe Indiana Supreme Court has received threatening calls and emails following a ruling last week in which the high court said
Hoosiers can’t resist unlawful entry into their homes by police.
MoreJustice: Ruling lets government agents enter homes illegally
May 12, 2011
Jennifer NelsonTwo Indiana Supreme Court justices dissented from their colleagues in a case involving the right to resist unlawful police
entry into a home, with one justice writing that he believes the majority is “essentially telling Indiana citizens that
government agents may now enter their homes illegally.”
More7th Circuit rejects ineffective trial assistance claim
April 28, 2011
Jennifer NelsonThe 7th Circuit Court of Appeals has upheld the denial of a defendant’s motion to vacate his guilty plea, claiming ineffective
assistance of trial counsel. The judges found the record foreclosed any claim that the man’s attorney was constitutionally
ineffective or that the man didn’t otherwise knowingly and voluntarily plead guilty.
More7th Circuit upholds qualified immunity for DCS workers
March 16, 2011
Jennifer NelsonAlthough sympathetic to a couple whose child was temporarily removed from the family’s home on child abuse concerns
– a removal that was subsequently found not to be supported by probable cause – the 7th Circuit Court of
Appeals affirmed summary judgment for Department of Child Services employees on qualified immunity grounds.
MoreAppeals court to hear arguments at Indy high school
March 14, 2011
IL StaffThe Indiana Court of Appeals will visit Pike High School in Indianapolis this week to hear arguments in a case in which a
man appeals his drug dealing conviction.
MoreCourt affirms locked glove box search
November 9, 2010
Michael HoskinsWithout a case on point for the Indiana Court of Appeals to follow, the state’s second-highest appellate court has followed
the direction of federal rulings and national precedent on allowing police to search locked glove boxes without a warrant.
MoreSuit filed following inmate's suicide
October 11, 2010
Jennifer NelsonA father whose son committed suicide while in a southern Indiana jail has filed a lawsuit against the county and its sheriff.
MoreCOA affirms murder conviction, sentence of 14-year-old
October 5, 2010
Rebecca BerfangerWhen asked whether the conviction of and sentence for felony murder were appropriate findings for a 14-year-old offender,
the Indiana Court of Appeals today affirmed the Marion Superior Court’s decision.
MoreMajority: warrantless car search OK under automobile exception
October 1, 2010
Jennifer NelsonThe Fourth Amendment doesn’t prohibit a warrantless search of an operational car found in a public place if police have
probable cause to believe the car contains evidence of a crime, the Indiana Supreme Court ruled Thursday.
MoreAttenuation doctrine doesn't apply under Indiana Constitution
September 10, 2010
Jennifer NelsonThe attenuation doctrine has no application under the state’s constitution, the Indiana Court of Appeals ruled today
in a case alleging an unconstitutional search.
MoreJudge sues prosecutor for intimidation, retribution
August 23, 2010
Jennifer NelsonA Delaware County judge is claiming that county prosecutor Mark McKinney and a former deputy prosecutor threatened and intimidated
the judge and his wife based on the judge’s ruling on how McKinney handled civil drug forfeitures.
MoreNo qualified immunity for officer in diabetic man's claim
August 12, 2010
Jennifer NelsonThe 7th Circuit Court of Appeals affirmed denial of summary judgment in favor of a police officer in a diabetic man’s
claims that the officer used excessive force and injured him while removing him from a car after a diabetic episode.
MoreJudge worries ruling may make bright-line rule in traffic stops
July 27, 2010
Jennifer NelsonA panel of Indiana Court of Appeals judges each wrote their own opinion on whether a police officer’s safety concerns
were legitimate enough to allow the officer to search a car after a traffic stop.
MoreCourt addresses fine line between traffic stop, arrest
July 9, 2010
Michael HoskinsThe Indiana Court of Appeals has reversed a man’s drunk driving and marijuana possession convictions based on police
officer conduct, finding that the officer shouldn’t have held a gun and handcuffed him during what could have been a
legitimate traffic stop.
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Court Calendar
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May 22, 2013 Floyd Weddle v. State of Indiana - 5/22/13
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May 24, 2013 Indiana Patient's Compensation Fund v. Judy Holcomb, Personal Representative of the Estate of Mable Louise Cochran, deceased - 5/24/13
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May 28, 2013 The Estate of Richard A. Mayer and Spangler, Jennings & Dougherty, P.C., v. Lax, Inc., and David Lasco - 5/28/13
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June 12, 2013 Northern Assurance Company of America v. Thomson, Inc., et al. - 6/12/13
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With all due respect, Rick, I think you probably would be making a mistake by going to law school. The job market for attorneys is so saturated, you may well find yourself unemployed and with a lot of debt. You mention law would be a good supplement to your skills. True. But employers unfortunately don't value that. You will find that a law degree may well pigeonhole you into an attorney slot and limit career options. If you have a good job now I would hold onto that. As an attorney, you may well end up making less with the aforementioned debt.
Jack, I was only responding to bill's comment of tying everybody in government together. I agree with you though, it takes one bad apple to ruin the bunch.. As in any profession. What's truly unfair is when somebody violates someone's trust and takes complete advantage of someone
John’s comment is unfair. The majority of attorneys can be trusted. Unfortunately, all it takes is one greedy, unscrupulous, immoral attorney to jade the public.
In regards to bill's comment about trusting the cover meant. We can trust them about as much as we can trust attorneys'.
This is disturbing to learn...