Indiana Supreme Court

Justices to decide if man should face charge for sending teen explicit photo

June 14, 2017
Olivia Covington
There are two, possibly conflicting, statutes at play in a case now under consideration by the Indiana Supreme Court in a case involving an explicit photo sent to a teen – one that sets the age of consent for sexual activity at 16 years old, and one that prohibits the dissemination of matter “harmful to minors” to any minor under the age of 18.
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Indiana Supreme Court offices on the move

June 14, 2017
Dave Stafford
Indiana’s restructured Office of Judicial Administration will get new digs at a lower cost later this year, officials said.
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Holcomb praises justice pick's 'sharp legal mind'

June 12, 2017
Olivia Covington
A rural Indiana judge with more than a decade of experience on a trial court bench has been selected as Indiana’s 110th Supreme Court justice.
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Holcomb picks Goff as next Indiana justice

June 12, 2017
IL Staff
Wabash Superior Judge Christopher Goff has been selected as the 110th justice of the Indiana Supreme Court, Gov. Eric Holcomb announced Monday.
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Justices to decide whether adults can send sexually explicit images to certain teens

June 8, 2017
Olivia Covington
After oral arguments before the Indiana Supreme Court next week, the justices will decide if adults can send sexually explicit photos to 16- and 17-year-olds without breaking state law.
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Justices weigh restitution order linked to car theft

June 2, 2017
Olivia Covington
The Indiana Supreme Court will decide if the state properly assessed restitution against a woman convicted of auto theft after hearing oral arguments Thursday morning that suggested there was no evidence directly linking her to some of the damage to the vehicle.
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ACLU, solicitor general argue to justices over DCS caseloads

June 1, 2017
Olivia Covington
Opposing counsel and the justices of the Indiana Supreme Court were agreed on one issue during oral arguments Thursday in a case involving the Department of Child Services – family case managers are the “backbone” of the work DCS does for Hoosier children.
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DUI refusal requires retest after insufficient sample

June 1, 2017
Olivia Covington
Indiana law requires law enforcement officers to administer a second chemical breath test if the first test produces an insufficient sample, unless the person taking the test demonstrates a clear unwillingness to cooperate, the Indiana Supreme Court ruled in an opinion reinstating a woman’s driving privileges.
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Justices to hear arguments in caseload case against DCS this week

May 30, 2017
IL Staff
The Indiana Supreme Court will hear arguments this week to determine whether an employee of the Indiana Department of Child Services can bring a class-action complaint against her employer for an alleged violation of statutory caseload limits under the public standing doctrine.
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Justices consider ‘reasonable’ standard in flash bang search case

May 26, 2017
Olivia Covington
As criticism across the country continues to grow against the use of flash bang devices, a highly controversial police diversionary tool, the justices of the Indiana Supreme Court must decide whether the use of such a tool in Evansville constituted an unreasonable assault on the home.
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Ex-prosecutor faces discipline for failing to disclose false testimony

May 26, 2017
Dave Stafford
A former Porter County deputy prosecutor and a member of the Valparaiso City Council faces sanctions from the Indiana Supreme Court for allegedly withholding from the defense that an alleged victim said he had been coached to lie and had recanted allegations of sexual abuse.
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Former Indiana justices reunite for event saluting Rucker

May 25, 2017
Olivia Covington
Members of Indiana’s legal community who have worked with now-retired Indiana Supreme Court Justice Robert Rucker gathered in Indianapolis Wednesday to celebrate the impact the long-time jurist had on the practice of law in Indiana during his quarter-century career on the appellate bench.
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Justices to hear arguments in Evansville 'military-style assault' case

May 24, 2017
IL Staff
Indiana’s Supreme Court is set to hear cases Thursday involving the withdrawal of guilty pleas, the use of search warrants and the revocation of good-time credit.
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Supreme Court declines case involving RFRA as a tax defense

May 24, 2017
 Associated Press
The Indiana Supreme Court won't take up a case involving an Indianapolis man who tried to use the state's religious objections law as a defense for not paying his state taxes.
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Order adds Rules Committee members, changes amendment procedure

May 22, 2017
IL Staff
The Indiana Supreme Court has increased the number of members required for its Committee on Rules of Practice and Procedure while also amending the process for recommending and adopting a rule change in a series of amendments to Trial Rule 80 that took effect Friday.
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Supreme Court seeking comments on proposed rule amendments

May 22, 2017
IL Staff
The Indiana Supreme Court is seeking comment from legal professionals and members of the public on proposed amendments to various Indiana judicial rules.
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Senior judge appointed part time to Pulaski Superior Court

May 19, 2017
IL Staff
A Pulaski County senior judge has been appointed to replace a former Superior Court judge in the county on a part-time basis as the search for the judge’s permanent replacement continues.
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Supreme Court authorizes cameras in courtrooms for National Adoption Day

May 19, 2017
IL Staff
The Indiana Supreme Court has once again authorized the use of cameras and recording devices in Indiana’s courtrooms to celebrate National Adoption Day proceedings this fall.
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Justices weigh whether negligent hiring claim allowed against Pizza Hut

May 18, 2017
Olivia Covington
In its first oral arguments as a temporarily four-person bench, the Indiana Supreme Court considered Thursday whether the plaintiff in a wrongful death case can bring employment-based claims against an employer if the employer has admitted the employee involved in the death was acting in the scope of their employment.
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IDEM whistleblower makes argument to Indiana Supreme Court

May 18, 2017
Marilyn Odendahl
A former employee of the Indiana Department of Environmental Management appeared in the Indiana Supreme Court courtroom Thursday arguing her right to bring a complaint against the state under the whistleblower provision of the Indiana False Claims Act.
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Richard rule’ questioned during oral arguments in 4th Amendment case

May 18, 2017
Olivia Covington
The Indiana Supreme Court is being asked to determine whether a ruling by the Indiana Court of Appeals that allows police to search a passenger in a car after a police dog alerts to drugs being in the vehicle goes too far.
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Judge dismisses claims against hospital in discovery dispute

May 18, 2017
Olivia Covington
A federal judge has dismissed a man’s claims in a complaint accusing the Indiana Supreme Court, a hospital and the chair of a medical review panel of violating his due process rights. The judge found that federal precedent and a failure to state a claim barred the man’s claims against the hospital.
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Rucker retires after 26 years on appellate bench

May 17, 2017
Olivia Covington
Ask a member of the Indiana judiciary to describe former Indiana Supreme Court Justice Robert Rucker, and you’ll get answers such as “empathetic” or “compassionate.” And those who sat on either side of Rucker during his nearly 18 years on the state’s highest bench say the now-retired justice never let his sense of humanity outweigh the rule of law.
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IU McKinney to host ‘Salute to Justice Rucker’

May 15, 2017
IL Staff
The Indiana University Robert H. McKinney School of Law will celebrate now-retired Indiana Supreme Court Justice Robert Rucker’s legacy in the Indiana judiciary during a special program at the law school next week.
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Supreme Court to hear whistleblower case against IDEM

May 12, 2017
IL Staff
A former state employee who claims she was fired for blowing the whistle on questionable payment practices in the Indiana Department of Environment Management will bring her case before the Indiana Supreme Court next week, when she will urge the justices to allow her complaint against the state agency to continue.
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  2. The appellate court just said doctors can be sued for reporting child abuse. The most dangerous form of child abuse with the highest mortality rate of any form of child abuse (between 6% and 9% according to the below listed studies). Now doctors will be far less likely to report this form of dangerous child abuse in Indiana. If you want to know what this is, google the names Lacey Spears, Julie Conley (and look at what happened when uninformed judges returned that child against medical advice), Hope Ybarra, and Dixie Blanchard. Here is some really good reporting on what this allegation was: http://media.star-telegram.com/Munchausenmoms/ Here are the two research papers: http://www.sciencedirect.com/science/article/pii/0145213487900810 http://www.sciencedirect.com/science/article/pii/S0145213403000309 25% of sibling are dead in that second study. 25%!!! Unbelievable ruling. Chilling. Wrong.

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  4. Mr. Levin says that the BMV engaged in misconduct--that the BMV (or, rather, someone in the BMV) knew Indiana motorists were being overcharged fees but did nothing to correct the situation. Such misconduct, whether engaged in by one individual or by a group, is called theft (defined as knowingly or intentionally exerting unauthorized control over the property of another person with the intent to deprive the other person of the property's value or use). Theft is a crime in Indiana (as it still is in most of the civilized world). One wonders, then, why there have been no criminal prosecutions of BMV officials for this theft? Government misconduct doesn't occur in a vacuum. An individual who works for or oversees a government agency is responsible for the misconduct. In this instance, somebody (or somebodies) with the BMV, at some time, knew Indiana motorists were being overcharged. What's more, this person (or these people), even after having the error of their ways pointed out to them, did nothing to fix the problem. Instead, the overcharges continued. Thus, the taxpayers of Indiana are also on the hook for the millions of dollars in attorneys fees (for both sides; the BMV didn't see fit to avail itself of the services of a lawyer employed by the state government) that had to be spent in order to finally convince the BMV that stealing money from Indiana motorists was a bad thing. Given that the BMV official(s) responsible for this crime continued their misconduct, covered it up, and never did anything until the agency reached an agreeable settlement, it seems the statute of limitations for prosecuting these folks has not yet run. I hope our Attorney General is paying attention to this fiasco and is seriously considering prosecution. Indiana, the state that works . . . for thieves.

  5. I'm glad that attorney Carl Hayes, who represented the BMV in this case, is able to say that his client "is pleased to have resolved the issue". Everyone makes mistakes, even bureaucratic behemoths like Indiana's BMV. So to some extent we need to be forgiving of such mistakes. But when those mistakes are going to cost Indiana taxpayers millions of dollars to rectify (because neither plaintiff's counsel nor Mr. Hayes gave freely of their services, and the BMV, being a state-funded agency, relies on taxpayer dollars to pay these attorneys their fees), the agency doesn't have a right to feel "pleased to have resolved the issue". One is left wondering why the BMV feels so pleased with this resolution? The magnitude of the agency's overcharges might suggest to some that, perhaps, these errors were more than mere oversight. Could this be why the agency is so "pleased" with this resolution? Will Indiana motorists ever be assured that the culture of incompetence (if not worse) that the BMV seems to have fostered is no longer the status quo? Or will even more "overcharges" and lawsuits result? It's fairly obvious who is really "pleased to have resolved the issue", and it's not Indiana's taxpayers who are on the hook for the legal fees generated in these cases.

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