Indiana Supreme Court

Indiana Supreme Court establishes new committee for civil legal aid

May 17, 2016
Marilyn Odendahl
In an amendment to the Indiana Rules of Professional Conduct, the Indiana Supreme Court is revamping its response to civil legal aid.
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Justices deadlock 2-2 on transfer in two cases

May 16, 2016
Scott Roberts
The Indiana Supreme Court deadlocked on one case after oral arguments and denied transfer to another after a 2-2 vote in the court's list of transfer dispositions for the week ending May 13. The split vote in the absence of a fifth justice reinstates rulings of the Indiana Court of Appeals.
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Rucker likely to leave Supreme Court in 2017

May 12, 2016
Dave Stafford
The senior justice on the Indiana Supreme Court expects to step down sometime in 2017, which would complete a total turnover of the bench that began in 2010.
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State seeks new judge after surprise ruling in IBM case

May 10, 2016
Dave Stafford
Lawyers representing the state in its ongoing lawsuit against IBM over a canceled $1.3 billion welfare privatization contract have asked for a new judge in the case and moved to void his latest ruling that said the state wasn’t entitled to damages for breach of contract.
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Pence appoints Slaughter to replace Dickson on Supreme Court

May 9, 2016
Gov. Mike Pence Monday named Taft Stettinius & Hollister LLP partner Geoffrey Slaughter to the Indiana Supreme Court. The veteran litigator will replace Justice Brent Dickson who retired from the court April 29.
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Pence picks Taft attorney as next Supreme Court justice

May 9, 2016
IL Staff
Gov. Mike Pence has selected Taft Stettinius & Hollister LLP partner Geoffrey Slaughter as Indiana's 109th justice. Pence made the announcement at 1 p.m. Monday from his office in the Statehouse.
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Appellate pleadings and motions going online pushed to July 1

May 9, 2016
Scott Roberts
In its third meeting, the Advisory Task Force on Remote Access to and Privacy of Electronic Court Records shifted discussion to what types of trial court cases should be made available online at mycase.in.gov and any potential issues in doing so.
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Appellate courts host free bicentennial CLE program

May 6, 2016
IL Staff
The Indiana Supreme Court and Indiana Court of Appeals will host a free one-hour continuing legal education program from 3 to 4 p.m. Thursday, May 19 in the Supreme Court Courtroom.
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Justices weigh duty of care for house party hosts

May 4, 2016
Dave Stafford
Indiana Supreme Court Justice Steven David posed a graphic hypothetical to an attorney defending a liability suit against a homeowner who hosted a party where a guest died after a fight. David’s scenario encapsulated the justices’ apparent concern over a trial court’s grant of summary judgment in the homeowner’s favor.
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Dickson’s tenure on Supreme Court celebrated

April 29, 2016
Jennifer Nelson
Members of Indiana’s legal community and state government gathered Friday to honor Indiana Justice Brent Dickson on his last day on the court, including bestowing him with one of the state’s highest honors.
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Divided justices deny rehearing asbestos statute of repose case

April 29, 2016
Scott Roberts
The Indiana Supreme Court issued an order declining to rehear a case that ended the statute of repose on prolonged asbestos cases by a 3-2 vote Thursday, with the same justices who voted to end the statute of repose voting against the rehearing.
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Dickson to be honored Friday, his last day on the bench

April 29, 2016
IL Staff
The state's second-longest serving justice will officially retire from the Indiana Supreme Court Friday.
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Pence argues email privacy ruling should apply to him, too

April 29, 2016
Hayleigh Colombo, IBJ Staff
Gov. Mike Pence is using a recent Indiana Supreme Court decision to argue that he should not be required to release documents that have been deemed by law to be public records.
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Justices toss driving convictions due to delays

April 28, 2016
Scott Roberts
The Indiana Supreme Court ruled a man who was convicted of four driving offenses should have his case dismissed because the prosecution did not bring him to trial in time while he was in prison for a separate conviction.
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Supreme Court reverses summary judgment in malpractice case

April 28, 2016
Scott Roberts
The Indiana Supreme Court reversed summary judgment for a hospital and doctor after it found the doctor’s own evidence creates issues of material fact that need to be settled at trial.
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Supreme Court: Fortville cannot annex land

April 28, 2016
Scott Roberts
The Indiana Supreme Court upheld a trial court’s decision Thursday that evidence did not support the town of Fortville’s contention that it needed the land it wanted to voluntarily annex in the near future.
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Supreme Court defines marriage relatives

April 28, 2016
Scott Roberts
The Indiana Supreme Court determined the sister of a man who was once married to the defendant’s aunt is not a family or household member and changed a man’s Level 6 felony charge to Class A misdemeanor battery.
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Justices: Murderer should be able to file belated notice of appeal

April 27, 2016
Scott Roberts
The Indiana Supreme Court ruled in a per curiam decision a man who pleaded guilty to two counts of murder among other charges can file a belated notice of appeal after the justices found “unique circumstances” in his case that did not allow him to file an appeal of his sentence when it was decided in 1987.
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Justices reinstate termination order COA reversed

April 26, 2016
Dave Stafford
The Indiana Supreme Court Tuesday affirmed a trial court order terminating parental rights to twin girls who were removed from the home in 2011 at age 8. A divided Court of Appeals previously reversed the trial court, finding insufficient evidence to merit termination.
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Supreme Court upholds felony dealing conviction

April 26, 2016
Scott Roberts
The Indiana Supreme Court affirmed a man's conviction for Class A felony dealing in a narcotic drug within 1,000 feet of school property and being a habitual substance offender. The decision went against the Indiana Court of Appeals, which overturned his conviction based on lack of evidence.
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Justices find man did not waive his right to jury trial

April 21, 2016
Scott Roberts
The Indiana Supreme Court reversed and remanded a man’s conviction for Class D felony domestic battery after it found his silence did not constitute a waiver to right of trial by jury.
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DNA result shielded from rape trial jury

April 20, 2016
Dave Stafford
A man convicted of rape wasn’t permitted at his trial to introduce DNA evidence collected from the victim when she sought medical attention. The DNA was from another man who also was at the party attended by several other people who testified the crime took place.
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Supreme Court declines to rule on legislative emails case

April 19, 2016
Scott Roberts
The Indiana Supreme Court on Tuesday affirmed dismissal of a case where the Energy and Policy Institute requested copies of correspondences from state Rep. Eric Koch under the Indiana Access to Public Records Act. The court said while APRA can be applied to the General Assembly, the specific issue of whether Koch’s emails are exempt from disclosure in this case under the work product exemption is non-justiciable.
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Justices: Custody petition permitted during CHINS case

April 13, 2016
Scott Roberts
The Indiana Supreme Court reversed a trial court, ruling an aunt and uncle could bring a custody action despite a child in need of services case that was pending for the child in Posey Circuit Court.
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Supreme Court upholds man’s death sentence

April 12, 2016
Scott Roberts
The Indiana Supreme Court affirmed a man’s death sentence Tuesday after he pleaded guilty to brutally murdering a woman.
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  1. Falk said “At this point, at this minute, we’ll savor this particular victory.” “It certainly is a historic week on this front,” Cockrum said. “What a delight ... “Happy Independence Day to the women of the state of Indiana,” WOW. So we broke with England for the right to "off" our preborn progeny at will, and allow the processing plant doing the dirty deeds (dirt cheap) to profit on the marketing of those "products of conception." I was completely maleducated on our nation's founding, it would seem. (But I know the ACLU is hard at work to remedy that, too.)

  2. congratulations on such balanced journalism; I also love how fetus disposal affects women's health protection, as covered by Roe...

  3. It truly sickens me every time a case is compared to mine. The Indiana Supreme Court upheld my convictions based on a finding of “hidden threats.” The term “hidden threat” never appeared until the opinion in Brewington so I had no way of knowing I was on trial for making hidden threats because Dearborn County Prosecutor F Aaron Negangard argued the First Amendment didn't protect lies. Negangard convened a grand jury to investigate me for making “over the top” and “unsubstantiated” statements about court officials, not hidden threats of violence. My indictments and convictions were so vague, the Indiana Court of Appeals made no mention of hidden threats when they upheld my convictions. Despite my public defender’s closing arguments stating he was unsure of exactly what conduct the prosecution deemed to be unlawful, Rush found that my lawyer’s trial strategy waived my right to the fundamental error of being tried for criminal defamation because my lawyer employed a strategy that attempted to take advantage of Negangard's unconstitutional criminal defamation prosecution against me. Rush’s opinion stated the prosecution argued two grounds for conviction one constitutional and one not, however the constitutional true threat “argument” consistently of only a blanket reading of subsection 1 of the intimidation statute during closing arguments, making it impossible to build any kind of defense. Of course intent was impossible for my attorney to argue because my attorney, Rush County Chief Public Defender Bryan Barrett refused to meet with me prior to trial. The record is littered with examples of where I made my concerns known to the trial judge that I didn’t know the charges against me, I did not have access to evidence, all while my public defender refused to meet with me. Special Judge Brian Hill, from Rush Superior Court, refused to address the issue with my public defender and marched me to trial without access to evidence or an understanding of the indictments against me. Just recently the Indiana Public Access Counselor found that four over four years Judge Hill has erroneously denied access to the grand jury audio from my case, the most likely reason being the transcription of the grand jury proceedings omitted portions of the official audio record. The bottom line is any intimidation case involves an action or statement that is debatably a threat of physical violence. There were no such statements in my case. The Indiana Supreme Court took partial statements I made over a period of 41 months and literally connected them with dots… to give the appearance that the statements were made within the same timeframe and then claimed a person similarly situated would find the statements intimidating while intentionally leaving out surrounding contextual factors. Even holding the similarly situated test was to be used in my case, the prosecution argued that the only intent of my public writings was to subject the “victims” to ridicule and hatred so a similarly situated jury instruction wouldn't even have applied in my case. Chief Justice Rush wrote the opinion while Rush continued to sit on a committee with one of the alleged victims in my trial and one of the judges in my divorce, just as she'd done for the previous 7+ years. All of this information, including the recent PAC opinion against the Dearborn Superior Court II can be found on my blog www.danbrewington.blogspot.com.

  4. On a related note, I offered the ICLU my cases against the BLE repeatedly, and sought their amici aid repeatedly as well. Crickets. Usually not even a response. I am guessing they do not do allegations of anti-Christian bias? No matter how glaring? I have posted on other links the amicus brief that did get filed (search this ezine, e.g., Kansas attorney), read the Thomas More Society brief to note what the ACLU ran from like vampires from garlic. An Examiner pledged to advance diversity and inclusion came right out on the record and demanded that I choose Man's law or God's law. I wonder, had I been asked to swear off Allah ... what result then, ICLU? Had I been found of bad character and fitness for advocating sexual deviance, what result then ICLU? Had I been lifetime banned for posting left of center statements denigrating the US Constitution, what result ICLU? Hey, we all know don't we? Rather Biased.

  5. It was mentioned in the article that there have been numerous CLE events to train attorneys on e-filing. I would like someone to provide a list of those events, because I have not seen any such events in east central Indiana, and since Hamilton County is one of the counties where e-filing is mandatory, one would expect some instruction in this area. Come on, people, give some instruction, not just applause!

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