Indiana Justices

High court splits on molestation conviction

June 1, 2011
Jennifer Nelson
The Indiana Supreme Court was divided Wednesday in an opinion regarding whether a man could be charged with Class C felony child molesting 16 years after he last molested his stepniece.
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Justices rule on first impression issue involving sentence modification

May 26, 2011
Jennifer Nelson
The Indiana Supreme Court handed down two opinions Thursday afternoon in which the justices found the trial judges involved erred in modifying the defendants’ sentences from Class D felonies to Class A misdemeanors.
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Hundreds gather for rally against Indiana Supreme Court ruling

May 25, 2011
Michael Hoskins
Nearly 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.
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ISBA responds to fallout from split Supreme Court ruling

May 20, 2011
Michael Hoskins
The Indiana State Bar Association issued a statement today addressing the outrage being expressed by many people concerning a state Supreme Court decision last week, which held individuals don’t have the right to resist police who enter private residences, even if those entries are illegal.
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Justices decide golf ball injury case

May 19, 2011
Michael Hoskins
Taking a swing at an issue of first impression, the Indiana Supreme Court has ruled on a golf ball injury case and rejected the concept that a sporting event participant owes no duty of care to protect others from inherent risks of the sport in all situations.
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Justices suspend former judge for misconduct

May 19, 2011
Michael Hoskins
The Indiana Supreme Court has suspended a northwest Indiana attorney for helping a litigant whose cases he’d presided over more than a decade ago when he was a Jasper Superior judge.
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High court rules man could be retried

May 18, 2011
Jennifer Nelson
The Double Jeopardy Clause of the U.S. Constitution doesn’t prevent the state from retrying a man who was acquitted by a jury in the murder of one person, but in which the jury couldn’t return a verdict on the defendant's attempted murder charge of another man, the Indiana Supreme Court held Wednesday.
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Supreme Court receives threats after ruling

May 17, 2011
Jennifer Nelson
The 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.
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Justice: Ruling lets government agents enter homes illegally

May 12, 2011
Jennifer Nelson
Two 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.”
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Justices rule on 'no-knock' warrant executions

May 10, 2011
Jennifer Nelson
The Indiana Constitution doesn’t require prior judicial authorization for a “no-knock” execution of a warrant when justified by exigent circumstances, the Indiana Supreme Court held Tuesday. This is the case even if those circumstances are known by police when the warrant is obtained.
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Chief Justice given Circle of Hope Award

May 5, 2011
IL Staff
Indiana Supreme Court Chief Justice Randall T. Shepard received the Richard M. Fairbanks Circle of Hope Award Wednesday in Indianapolis. He received the award at the 10th annual Fairbanks Circle of Hope Dinner.
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Pinched nerve causes chief justice to miss arguments, Evansville event

May 2, 2011
Jennifer Nelson
Indiana Supreme Court Chief Justice Randall T. Shepard is dealing with a painful pinched nerve in his neck but is working on managing the pain and has not been hospitalized as a result of the condition, said Supreme Court Public Information Officer Kathryn Dolan.
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Justices reverse forfeiture of truck

April 27, 2011
Jennifer Nelson
The Indiana Supreme Court agreed with the lower appellate court that a man’s truck shouldn’t have been lost in a civil forfeiture action because the state didn’t prove any substantial connection between the truck and the commission of a crime.
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NCAA championship ticket distribution not a lottery

April 21, 2011
Jennifer Nelson
The National Collegiate Athletic Association’s ticket-distribution plan for championship games doesn’t constitute a “lottery” under Indiana law, the Indiana Supreme Court decided Thursday. The issue was before the justices as certified questions from the 7th Circuit Court of Appeals.
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Lawmakers resume debate on issues impacting state courts

April 13, 2011
Michael Hoskins
Both federal and state lawmakers seem to be letting the clock tick down to the final seconds.
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Kimbrough Bar Association to honor state's African-American judges

April 12, 2011
IL Staff
The James C. Kimbrough Bar Association will salute Indiana’s African-American members of the judiciary on April 21.
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4 Indiana justices testify on state budget

March 29, 2011
Michael Hoskins
Four of the Indiana Supreme Court justices testified before the Senate Appropriations Committee Monday night, talking to lawmakers specifically about the need for an appellate case management system, more funding for public defense, and continued fairness in how judicial officers and prosecutors are paid throughout the state.
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Court weighs needs when timing judicial suspensionsRestricted Content

March 2, 2011
Michael Hoskins
When deciding that a judge must be suspended and determining when that time off the bench should be, decision-makers must maintain a delicate balance.
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Disciplinary dividing line = R-E-S-P-E-C-TRestricted Content

March 2, 2011
Michael Hoskins
Two recent rulings by the Indiana Supreme Court send a message to any attorney who might be accused of misconduct and face disciplinary proceedings.
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Judicial panel promotes civic education

March 2, 2011
Michael Hoskins
The Indiana Supreme Court hosted a panel discussion recently to discuss the broad topic of judicial independence, taking a lesson about how the courts operate to an Indianapolis college campus.
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Book focuses on state's justices

February 18, 2011
IL Staff
Indiana Supreme Court history buffs have a new book to read. The Indiana Historical Society Press has published “Justices of the Indiana Supreme Court,” which explores the lives of the state’s 106 justices.
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Supreme Court hears arguments in victims' advocates subpoena case

February 17, 2011
Rebecca Berfanger
The Indiana Supreme Court heard oral arguments today involving the subpoena of records from a domestic violence agency by a defendant who had been charged with two counts of Class A felony child molesting.
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Attorney reprimanded for charging unreasonable fees

February 14, 2011
Jennifer Nelson
The Indiana Supreme Court has publicly reprimanded a Hamilton County attorney for violating Indiana Professional Conduct Rule 1.5(a) by making agreements for and charging unreasonable fees.
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Justices find statute doesn't apply to landfill facility

February 10, 2011
Jennifer Nelson
The Indiana Supreme Court has ruled on a 30-year fight between the owners of a proposed landfill and neighbors, ruling that a new law doesn’t apply to the facility or require it to get a new permit.
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Supreme Court affirms admitting English transcript at trial

February 9, 2011
Jennifer Nelson
English language translation transcripts of statements recorded in foreign language, if otherwise admissible, may be properly considered as substantive evidence, the Indiana Supreme Court ruled Wednesday.
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  3. I expressed my thought in the title, long as it was. I am shocked that there is ever immunity from accountability for ANY Government agency. That appears to violate every principle in the US Constitution, which exists to limit Government power and to ensure Government accountability. I don't know how many cases of legitimate child abuse exist, but in the few cases in which I knew the people involved, in every example an anonymous caller used DCS as their personal weapon to strike at innocent people over trivial disagreements that had no connection with any facts. Given that the system is vulnerable to abuse, and given the extreme harm any action by DCS causes to families, I would assume any degree of failure to comply with the smallest infraction of personal rights would result in mandatory review. Even one day of parent-child separation in the absence of reasonable cause for a felony arrest should result in severe penalties to those involved in the action. It appears to me, that like all bureaucracies, DCS is prone to interpret every case as legitimate. This is not an accusation against DCS. It is a statement about the nature of bureaucracies, and the need for ADDED scrutiny of all bureaucratic actions. Frankly, I question the constitutionality of bureaucracies in general, because their power is delegated, and therefore unaccountable. No Government action can be unaccountable if we want to avoid its eventual degeneration into irrelevance and lawlessness, and the law of the jungle. Our Constitution is the source of all Government power, and it is the contract that legitimizes all Government power. To the extent that its various protections against intrusion are set aside, so is the power afforded by that contract. Eventually overstepping the limits of power eliminates that power, as a law of nature. Even total tyranny eventually crumbles to nothing.

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