Indiana Supreme Court

Justices order resentencing on habitual offender sentences

March 21, 2013
Jennifer Nelson
The Indiana Supreme Court on Thursday reversed the part of a White Superior Court’s sentencing order that a man who pleaded guilty to theft and being a habitual offender must serve his sentence consecutively with a case out of Tippecanoe County.
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Justices reaffirm ruling on sentence enhancements under habitual offender statute

March 21, 2013
Jennifer Nelson
The Indiana Supreme Court Thursday granted the state’s request for a rehearing in a case in which the justices determined that Anthony Dye’s sentence for unlawful possession of a firearm by a serious violent felon, which was enhanced under the general habitual offender statute, was an impermissible double enhancement.
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Justices vacate transfer to negligent design case

March 20, 2013
IL Staff
The Indiana Supreme Court issued an order Monday vacating its grant of transfer to a case filed by a man rendered a quadriplegic after he fell out of a company truck’s utility bucket while working for Richmond Power.
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Justices take child support case

March 19, 2013
IL Staff
The Indiana Supreme Court granted transfer to just one case last week, a not-for-publication decision out of the Indiana Court of Appeals dealing with a parent’s financial obligations to his children.
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Despite constitutional concerns, judicial nomination bill advances

March 18, 2013
Dave Stafford
Proposed changes to the panel that recommends judges for the Indiana Supreme Court and Court of Appeals advanced to the House floor Monday, but not before some lawmakers said they reserved judgment on whether the measure was constitutional.
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Woman suing for unpaid wages passes ‘duck test’

March 13, 2013
Jennifer Nelson
Indiana Justice Mark Massa made repeated references in Wednesday’s decision to the “Duck Test” – if it walks like a duck, swims like a duck and quacks like a duck, it’s a duck – in a day laborer’s lawsuit to recover unpaid damages from a Fort Wayne company. The justices found Brandy Walczak’s lawsuit may proceed under the Wage Payment Act.
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Is COA opinion on threat to judge a threat to rights?

March 13, 2013
Dave Stafford
Advocates say imprisoned blogger's ruling out of the Indiana Court of Appeals imperils the First Amendment.
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Justices: Evidence of dismissed crimes allowable for post-conviction relief

March 12, 2013
Dave Stafford
A Delaware County man who pleaded guilty to armed robbery and criminal confinement in a deal that dropped seven other felony counts was not improperly denied post-conviction relief when a judge considered evidence of charges that were dismissed, the Indiana Supreme Court ruled Tuesday.
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Justices take case alleging Wabash hazing

March 12, 2013
IL Staff
The Indiana Supreme Court will determine whether a college and a fraternity are liable for injuries a student received as a result of a prank, and whether the incident rises to hazing.
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Gingerich reversal won’t get high court review

March 8, 2013
Dave Stafford
A boy believed to be the youngest person convicted as an adult in Indiana will get a fresh start in juvenile court after the Indiana Supreme Court let stand a reversal of his conviction.
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Gingerich reversal won’t get high court review

March 8, 2013
Dave Stafford
The Indiana Supreme Court will let stand the reversal of a trial court’s adult conviction and 25-year executed sentence for Paul Henry Gingerich, who was 12 at the time he and an older boy shot and killed a Kosciusko County man.
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Justices remand for more proceedings on grandparent visitation order

March 7, 2013
Jennifer Nelson
After finding a grandparent visitation order entered in Johnson County is voidable because of defects, the Indiana Supreme Court sent the case back to the trial court for new findings and conclusions without hearing new evidence.
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Majority sides with hotel in lawsuit stemming from molestation

March 6, 2013
Jennifer Nelson
A divided Indiana Supreme Court affirmed summary judgment for a hotel, its owner and the hotel franchisor that the hotel’s insurance company had no duty to defend a civil complaint brought by a minor motel guest who was molested by an off-duty employee.
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Justices: Use preponderance of evidence standard to find probation violation

March 6, 2013
Kimberly Heaton will have a new hearing on whether she violated the terms of her probation when she was charged with Class D felony theft. The Indiana Supreme Court vacated her probation revocation because a Madison Superior judge may have used the wrong legal standard to find the violation.
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Justices rule in favor of insurer in dispute over canceled policy

March 5, 2013
Jennifer Nelson
The Indiana Supreme Court affirmed summary judgment for American Family Insurance in a lawsuit filed by a couple after the insurer denied coverage for a 2003 fire at their home and voided the insurance policy from its beginning.
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Justices divided over vacating transfer in case seeking severance of offenses

February 27, 2013
IL Staff
Justice Robert Rucker wrote an 11-page dissent from his colleagues after three justices decided to vacate transfer to an appeal stemming from charges involving the alleged sexual assault of four victims.
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Lawyers worry about impact of court decision on premises liability

February 27, 2013
Dave Stafford
The fatal shooting of a guest in a Speedway motel by a former employee and the resulting civil litigation leaves the Indiana Supreme Court to decide whether arguments of common law or a 1980s statute governs the premises owner’s degree of liability. Trial and defense lawyers are paying keen attention.
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After children are grown, custodial parent still a victim of nonsupport

February 25, 2013
Dave Stafford
The Indiana Supreme Court ruled that a mother was a victim of a father who failed to pay support for his three children even years after the kids were grown.
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Justices toss delinquency ruling for resisting school resource officer

February 22, 2013
IL Staff
A high school student’s action of trying to pull away from a school resource officer who tried to handcuff him is insufficient to support his adjudication as a delinquent, the Indiana Supreme Court ruled Friday.
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‘Term of imprisonment’ is the total time a misdemeanant is incarcerated

February 21, 2013
Jennifer Nelson
Deciding an issue that has led to confusion in the courts, the Indiana Supreme Court ruled that time suspended is not included under "term of imprisonment" as used in the Indiana misdemeanor sentencing statute.
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Justices suspend Tim Durham’s law license

February 20, 2013
IL Staff
Tim Durham, the Indiana businessman found guilty in June on 12 felony fraud charges, had his law license suspended last week by the Indiana Supreme Court.
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Justices take juvenile sex offender case

February 19, 2013
IL Staff
The Indiana Supreme Court accepted just one case on transfer last week, that of a Lawrence County teen who was ordered to register as a sex offender.
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Justices order new trial for man tried in absentia

February 19, 2013
Jennifer Nelson
A North Carolina man who was convicted of two counts of Class C felony neglect of a dependent by an Elkhart Superior Court while the defendant was on a bus on the way to court will get a new trial, the Indiana Supreme Court concluded Tuesday.
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Justices decline to order mediation in walkout fines case

February 13, 2013
IL Staff
The Indiana Supreme Court issued an order Monday refusing to order mediation in the lawsuit filed by Democratic lawmakers after some of their pay was withheld following legislative walkouts in 2011 and 2012.
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Supreme Court affirms what is said in mediation, stays in mediation

February 12, 2013
Marilyn Odendahl
A husband will not be able to offer as evidence comments made during a mediated settlement conference with his ex-wife, the Indiana Supreme Court has affirmed.
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  1. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

  2. Seventh Circuit Court Judge Diane Wood has stated in “The Rule of Law in Times of Stress” (2003), “that neither laws nor the procedures used to create or implement them should be secret; and . . . the laws must not be arbitrary.” According to the American Bar Association, Wood’s quote drives home this point: The rule of law also requires that people can expect predictable results from the legal system; this is what Judge Wood implies when she says that “the laws must not be arbitrary.” Predictable results mean that people who act in the same way can expect the law to treat them in the same way. If similar actions do not produce similar legal outcomes, people cannot use the law to guide their actions, and a “rule of law” does not exist.

  3. Linda, I sure hope you are not seeking a law license, for such eighteenth century sentiments could result in your denial in some jurisdictions minting attorneys for our tolerant and inclusive profession.

  4. Mazel Tov to the newlyweds. And to those bakers, photographers, printers, clerks, judges and others who will lose careers and social standing for not saluting the New World (Dis)Order, we can all direct our Two Minutes of Hate as Big Brother asks of us. Progress! Onward!

  5. My daughter was taken from my home at the end of June/2014. I said I would sign the safety plan but my husband would not. My husband said he would leave the house so my daughter could stay with me but the case worker said no her mind is made up she is taking my daughter. My daughter went to a friends and then the friend filed a restraining order which she was told by dcs if she did not then they would take my daughter away from her. The restraining order was not in effect until we were to go to court. Eventually it was dropped but for 2 months DCS refused to allow me to have any contact and was using the restraining order as the reason but it was not in effect. This was Dcs violating my rights. Please help me I don't have the money for an attorney. Can anyone take this case Pro Bono?

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