Indiana Supreme Court

Indiana Supreme Court upholds decision granting convicted felon’s motion for relief

October 25, 2016
Olivia Covington
The Indiana Supreme Court will allow a convicted felon to bring his case for post-conviction relief back to court to be heard on the merits after finding that his motion for relief was filed in a timely manner, despite a seven-year delay.
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Stanley ruling extends to government medical reimbursements

October 21, 2016
Dave Stafford
The Indiana Supreme Court on Friday extended the admission of evidence of reduced health care payments in personal injury suits to include reimbursements from government payers.
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Justices hear arguments in Lawrence wrongful-firing suit

October 20, 2016
Olivia Covington
After the newly elected mayor of the city of Lawrence fired him from his position as superintendent of the city Utility Services Board, counsel for Carlton Curry told the Indiana Supreme Court Thursday that the mayor had no legal right to terminate the former superintendent without actual cause.
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Supreme Court takes oral arguments to Ball State

October 17, 2016
IL Staff
The justices of the Indiana Supreme Court will travel to Ball State University next week to hear oral arguments in a case involving a karate injury.
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Indiana judicial leaders honor Judson after 40 years with state judiciary

October 13, 2016
Olivia Covington
Judges and attorneys from around Indiana gathered together Wednesday to honor a member of the Indiana Supreme Court family who they say is the reason the court has operated effectively and efficiently for the last 40 years.
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Justices say inmates can’t sue private employer for unpaid wages during incarceration

October 12, 2016
The Indiana Supreme Court granted transfer and affirmed Wednesday a trial court’s decision to dismiss a complaint seeking unpaid wages brought by inmates who claim they were underpaid while working for a private company while they were in prison.
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Indiana Supreme Court won't take case over medical bills

October 10, 2016
 Associated Press
The Indiana Supreme Court has declined to take a case involving a man who was seriously injured in a crash and amassed over $625,000 in medical bills.
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Supreme Court prohibits legal practice for 4 attorneys

October 10, 2016
IL Staff
Four Indiana attorneys can no longer practice law in the state after the Indiana Supreme Court decided on four disciplinary cases late last week.
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Justices consider rights of privacy vs. public safety in 4th Amendment case

October 6, 2016
Olivia Covington
At the center of an Indiana Supreme Court oral argument Thursday was the question of when exigent circumstances and an officer’s community caretaker role trump a citizen’s right to protection from unlawful searches and seizures under the Fourth Amendment.
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Justices hear home explosion appeal

October 5, 2016
Olivia Covington
Nearly four years after he orchestrated an Indianapolis home explosion that killed two people, Mark Leonard is arguing that he should not have to spend the rest of his life in prison because his Sixth Amendment rights were violated.
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Justices opt to resentence convicted murderer facing life without parole

October 4, 2016
Olivia Covington
The Indiana Supreme Court chose to exercise its “appellate prerogative” and resentence a convicted murderer  to a total term of 88 years in prison after the man appealed his sentence on the basis of a Sixth Amendment violation.
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Supreme Court upholds man's murder, robbery convictions

September 29, 2016
Olivia Covington
The Indiana Supreme Court has upheld a man’s convictions and life sentence for murder and robbery after the justices rejected each of his arguments alleging error on the part of the Grant Superior Court.
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Supreme Court vacates order to require restitution as part of woman’s probation

September 29, 2016
Olivia Covington
The Indiana Supreme Court has vacated an order a defendant pay restitution as a condition of probation after finding that the trial court failed to determine that the defendant did not have the ability to pay.
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Domestic relations, tax sale case designations to change

September 26, 2016
IL Staff
Domestic relations case-type designations will change in 2017, from “DR” for all case types to “DC” for cases in which children are involved and “DN” for those without children. The change was announced in an Indiana Supreme Court order issued Friday.
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Indiana Supreme Court hears arguments in home explosion appeal

September 22, 2016
Olivia Covington
Defense counsel for Mark Leonard, the man convicted of killing two people in a 2012 home explosion, argued before the Indiana Supreme Court Thursday that Leonard’s constitutional rights to an attorney were violated when an undercover officer posed as a hitman in prison and questioned Leonard, without his attorney present, about his plan to have a key witness killed.
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Notre Dame police want records secret, ESPN lawyer argues

September 21, 2016
Dave Stafford
Case pits arguments for strict statutory interpretation against a determination based on public policy.
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Supreme Court takes post-conviction case of convicted murderer

September 19, 2016
Olivia Covington
The Indiana Supreme Court will decide if a man convicted of murder in 1996 should be granted post-conviction relief based on the fact that his trial counsel was ineffective and his petition is not barred by laches.
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Supreme Court affirms sentence of man convicted of child solicitation against niece

September 15, 2016
Olivia Covington
The Indiana Supreme Court has affirmed a trial court’s sentence for a man convicted of felony child solicitation against his teenage niece after it granted the state’s petition for transfer on Wednesday.
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Notre Dame police want records secret, ESPN lawyer argues

September 13, 2016
Dave Stafford
The University of Notre Dame Police Department should be subject to public records laws, an attorney for ESPN argued to the Indiana Supreme Court Tuesday, while lawyers for the NDPD urged the court not to consider the private university’s force a public agency.
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ESPN to argue for Notre Dame records at Supreme Court

September 12, 2016
IL Staff
ESPN will continue its efforts Tuesday to obtain records regarding incidents involving student athletes from the University of Notre Dame Police Department. The Indiana Supreme Court will hold oral arguments Tuesday morning.
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Bail reforms encourage risk assessments in pretrial release decisions

September 7, 2016
IL Staff
As part of an effort to reform the state’s bail system and reduce recidivism rates, the Indiana Supreme Court has adopted a new criminal rule to encourage the prompt release of arrestees who do not pose a significant threat to public safety.
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Justices weigh gun store's liability in policeman's shooting

September 7, 2016
Dave Stafford
A gun store’s possible liability for making a straw sale of a handgun that wounded an Indianapolis police officer is a matter of first impression for Indiana and a case watched closely for legal and policy implications nationwide.
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Symposium to look at commercial courts and e-filing

September 6, 2016
IL Staff
A symposium later this month highlighting the Indiana Supreme Court’s work to modernize the judicial branch will provide information about the state’s new commercial courts and e-filing project.
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Justices rule expungements can’t erase civil forfeitures

September 2, 2016
Dave Stafford
The Indiana Supreme Court held Thursday that Indiana’s second-chance laws that allow expungement of certain criminal convictions do not permit erasure of records of civil forfeitures connected to expunged charges.
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Gun store argues no liability for straw sale linked to officer’s shooting

August 31, 2016
Dave Stafford
Lawyers for a gun store sued for making an illegal straw sale of a firearm that was used to shoot an Indianapolis police officer argued Wednesday that Indiana gun sellers are shielded from civil lawsuits even when they break the law.
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  1. Call it unauthorized law if you must, a regulatory wrong, but it was fraud and theft well beyond that, a seeming crime! "In three specific cases, the hearing officer found that Westerfield did little to no work for her clients but only issued a partial refund or no refund at all." That is theft by deception, folks. "In its decision to suspend Westerfield, the Supreme Court noted that she already had a long disciplinary history dating back to 1996 and had previously been suspended in 2004 and indefinitely suspended in 2005. She was reinstated in 2009 after finally giving the commission a response to the grievance for which she was suspended in 2004." WOW -- was the Indiana Supreme Court complicit in her fraud? Talk about being on notice of a real bad actor .... "Further, the justices noted that during her testimony, Westerfield was “disingenuous and evasive” about her relationship with Tope and attempted to distance herself from him. They also wrote that other aggravating factors existed in Westerfield’s case, such as her lack of remorse." WOW, and yet she only got 18 months on the bench, and if she shows up and cries for them in a year and a half, and pays money to JLAP for group therapy ... back in to ride roughshod over hapless clients (or are they "marks") once again! Aint Hoosier lawyering a great money making adventure!!! Just live for the bucks, even if filthy lucre, and come out a-ok. ME on the other hand??? Lifetime banishment for blowing the whistle on unconstitutional governance. Yes, had I ripped off clients or had ANY disciplinary history for doing that I would have fared better, most likely, as that it would have revealed me motivated by Mammon and not Faith. Check it out if you doubt my reading of this, compare and contrast the above 18 months with my lifetime banishment from court, see appendix for Bar Examiners report which the ISC adopted without substantive review: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

  2. Wow, over a quarter million dollars? That is a a lot of commissary money! Over what time frame? Years I would guess. Anyone ever try to blow the whistle? Probably not, since most Hoosiers who take notice of such things realize that Hoosier whistleblowers are almost always pilloried. If someone did blow the whistle, they were likely fired. The persecution of whistleblowers is a sure sign of far too much government corruption. Details of my own personal experience at the top of Hoosier governance available upon request ... maybe a "fake news" media outlet will have the courage to tell the stories of Hoosier whistleblowers that the "real" Hoosier media (cough) will not deign to touch. (They are part of the problem.)

  3. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

  4. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

  5. A high ranking Indiana supreme Court operative caught red handed leading a group using the uber offensive N word! She must denounce or be denounced! (Or not since she is an insider ... rules do not apply to them). Evidence here: http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

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