Indiana Supreme Court

Governor: Mark Massa 'superb choice' for Supreme Court

March 23, 2012
Michael Hoskins
On Chief Justice Randall T. Shepard's final day as a member of the Indiana Supreme Court, Gov. Mitch Daniels named Mark S. Massa, a former state and federal prosecutor, as the state’s newest justice.
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Mark Massa named Indiana Supreme Court justice

March 23, 2012
Michael Hoskins
Gov. Mitch Daniels has chosen Indiana Criminal Justice Institute Director Mark S. Massa as the state’s newest Supreme Court justice.
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Justices uphold probation revocation for child support non-payment

March 23, 2012
Michael Hoskins
A trial judge was correct in revoking a man’s probation based on his failure to pay weekly child support as a condition of his probation, the Indiana Supreme Court has ruled.
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Divided Supreme Court orders new murder trial

March 23, 2012
Michael Hoskins
Three justices have tossed out a murder conviction, ordering a new trial on the grounds that the trial judge should have given the jury the option to consider a lesser offense of reckless homicide.
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Court rules FSSA notices are unconstitutional

March 22, 2012
Michael Hoskins
The Indiana Supreme Court has held that the notices sent by the state Family and Social Services Administration to inform applicants they were denied Medicaid, food stamps, or family assistance benefits are unconstitutional under the 14th Amendment’s due process clause because they do not sufficiently explain the reasons for being denied.
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Supreme Court examines Indiana's blacklisting statute

March 22, 2012
Michael Hoskins
In declaring precedent from 1904 bad law, the Indiana Supreme Court has determined that individuals who’ve voluntarily left employment can pursue a claim against their former employers under the state’s blacklisting statute.
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Justices disagree on pollution exclusion coverage

March 22, 2012
Michael Hoskins
A divided Indiana Supreme Court has held that the pollution exclusion contained in a general commercial liability policy is ambiguous and should be construed to provide coverage rather than in favor of the insurance company trying to deny coverage.
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Justices rule on construction manager's duty for jobsite safety

March 22, 2012
Michael Hoskins
The Indiana Supreme Court has held that a construction manager on the Lucas Oil Stadium construction project didn’t have a legal duty to ensure jobsite safety to a subcontractor’s employee either by contract or individual actions, and as a result, cannot be held liable for workplace negligence.
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High court upholds stalking conviction

March 21, 2012
Jennifer Nelson
It’s up to a trier of fact to determine if someone’s conduct involved repeated or continuing harassment to qualify as stalking, the Indiana Supreme Court ruled, since there is no statutorily determinate timeframe required for this type of conviction.
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Majority upholds finding of contempt

March 21, 2012
Jennifer Nelson
Three Indiana justices affirmed a trial court order finding a business owner, his attorney and an environmental firm in contempt for doing work on a site with possible environmental issues after a temporary restraining order had been issued.
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Supreme Court declines to set aside tax deed

March 21, 2012
Jennifer Nelson
The Indiana Supreme Court has reversed a trial court’s decision to set aside a tax deed, finding the Marion County auditor’s office satisfied the due process requirement articulated by the United States Supreme Court.
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Justices explain opinion in IBM case

March 21, 2012
Jennifer Nelson
Last month, the Indiana Supreme Court ruled that Gov. Mitch Daniels doesn’t have to testify in the dispute between the state and IBM regarding a cancelled contract to modernize the state’s welfare system. On Wednesday, the justices explained their reasoning.
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Justices affirm ruling in dispute between health care facility and FSSA

March 21, 2012
Jennifer Nelson
The Indiana Supreme Court has affirmed the outcome of a case between Family and Social Services Administration and a decertified intermediate care facility, in which the net result was a wash for both sides.
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Justices disagree on whether jury instruction requires new trial

March 21, 2012
Jennifer Nelson
The majority of Indiana justices ordered a new trial on liability for a school corporation being sued for wrongful death, finding one of the jury instructions could have misled the jury about a key issue regarding liability.
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Justices rule on underinsured motorist coverage case

March 20, 2012
Michael Hoskins
The Indiana Supreme Court has held that a tortfeasor’s vehicle was underinsured according to state statute because the benefit amount actually paid to a woman was less than the per-person limit of liability of the underinsurance endorsement of an insurance policy that applied to all the family members involved in the accident.
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Supreme Court rules on habitual-offender filing issue

March 20, 2012
Michael Hoskins
The Indiana Supreme Court has found that a man convicted of helping to rob a restaurant did not preserve the issue of whether the trial court properly determined he was a habitual offender that could receive an enhanced sentence.
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Justices base ruling on level of intent

March 20, 2012
Michael Hoskins
The Indiana Supreme Court has determined that not enough evidence of intent existed for a judge to grant summary judgment for a bank alleging a business owner committed fraud.
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Justices rule on railbanking certified question

March 20, 2012
Michael Hoskins
The Indiana Supreme Court has issued an answer to a certified question about how state law plays into a federal railroad right-of-way case that involves property owners who want their land rights back for easements that once belonged to a railroad company.
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Court may consider SSI in restitution order

March 20, 2012
Jennifer Nelson
The Indiana Supreme Court sided with the federal courts that have concluded courts may consider one’s Social Security income when determining how much a person may pay in restitution.
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Supreme Court upholds refusal to give jury instruction

March 19, 2012
Jennifer Nelson
The Indiana Supreme Court has adopted the full opinion of the Indiana Court of Appeals, which upheld the decision by a trial court not to give a defendant’s tendered instructions on lesser-included offenses of murder.
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Justices take 5 cases

March 19, 2012
IL Staff
The Indiana Supreme Court accepted transfer to five cases last week, including a challenge to the school voucher program.
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Supreme Court rules AOL required to pay online use taxes

March 16, 2012
Michael Hoskins
The Indiana Supreme Court has held that companies purchasing online promotional materials from outside the state must pay a use tax when those materials are distributed within Indiana.
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Judges and prosecutors to receive 2.2 percent salary hike

March 16, 2012
IL Staff
Indiana Supreme Court Chief Justice Randall T. Shepard has approved a 2.2 percent pay increase for judges and prosecutors that will take effect July 1, following the governor’s similar action for executive employees at the start of the year.
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Comment needed on proposed rule changes

March 16, 2012
IL Staff
The Indiana Supreme Court Committee on Rules of Practice and Procedure is seeking comment on several proposed rule amendments, including revisions to change of venue in civil and criminal cases and continuing legal education.
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Justices rule Charlie White was eligible for office

March 15, 2012
Michael Hoskins
Refusing to go against the will of Indiana voters, the state’s highest court has held that Charlie White was eligible to run for secretary of state and assume that office after being elected in 2010.
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  1. Frankly, it is tragic that you are even considering going to an expensive, unaccredited "law school." It is extremely difficult to get a job with a degree from a real school. If you are going to make the investment of time, money, and tears into law school, it should not be to a place that won't actually enable you to practice law when you graduate.

  2. As a lawyer who grew up in Fort Wayne (but went to a real law school), it is not that hard to find a mentor in the legal community without your school's assistance. One does not need to pay tens of thousands of dollars to go to an unaccredited legal diploma mill to get a mentor. Having a mentor means precisely nothing if you cannot get a job upon graduation, and considering that the legal job market is utterly terrible, these students from Indiana Tech are going to be adrift after graduation.

  3. 700,000 to 800,000 Americans are arrested for marijuana possession each year in the US. Do we need a new justice center if we decriminalize marijuana by having the City Council enact a $100 fine for marijuana possession and have the money go towards road repair?

  4. I am sorry to hear this.

  5. I tried a case in Judge Barker's court many years ago and I recall it vividly as a highlight of my career. I don't get in federal court very often but found myself back there again last Summer. We had both aged a bit but I must say she was just as I had remembered her. Authoritative, organized and yes, human ...with a good sense of humor. I also appreciated that even though we were dealing with difficult criminal cases, she treated my clients with dignity and understanding. My clients certainly respected her. Thanks for this nice article. Congratulations to Judge Barker for reaching another milestone in a remarkable career.

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