Indiana Supreme Court

Supreme Court rejects ‘dark box’ case, lets Tax Court ruling stand

April 28, 2017
Olivia Covington
A divided Indiana Supreme Court has denied review to a tax case involving the use of vacant, or “dark,” retail store properties in determining tax assessments for similar-functioning retail properties, allowing the Indiana Tax Court’s ruling in the case to stand.
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Justices consider use of ‘dark box’ properties in assessments

April 27, 2017
Olivia Covington
Discerning the true meaning of the term “market value-in-use” is the central task now before the Indiana Supreme Court as it considers whether to accept review of a tax case that attorneys say will have a far-reaching effect on Indiana’s assessment system.
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Justices consider case involving rejected doctrine of res gestae

April 27, 2017
Olivia Covington
In a case that defense counsel warns could allow the concept of res gestae to be reintroduced into the Indiana judiciary, the justices of the Indiana Supreme Court considered whether a gun that was not brandished during a northern Indiana altercation was relevant evidence that led to the appellants’ convictions.
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Supreme Court: General contractor assumed duty to sub-subcontractor through contract

April 27, 2017
Olivia Covington
A general contractor assumed a non-delegable duty of care to the employee of a sub-subcontractor through its contractual language, the Indiana Supreme Court decided Wednesday, reversing summary judgment to the general contractor on the issue of duty.
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JNC sends letter to Holcomb about 3 justice finalists

April 27, 2017
Olivia Covington
The clock is now ticking for Gov. Eric Holcomb to select Indiana’s next Supreme Court justice after he received an official letter describing the three finalists for a seat on the bench from Chief Justice Loretta Rush and the Indiana Judicial Nominating Commission.
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Indiana Supreme Court denies death penalty statute appeal

April 26, 2017
 Associated Press
The Indiana Supreme Court has turned down the request of a Gary man accused of slaying seven women to look at the constitutionality of the state's death penalty statute before he goes to trial.
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Divided justices: Statute provides immunity to firearms sellers

April 25, 2017
Olivia Covington
Holding that state statute immunizes firearms sellers from damages claims brought after a third party misuses a gun purchased from their stores, a divided Indiana Supreme Court has dismissed a series of damages claims against an Indianapolis gun store. The justices did allow a claim for equitable relief to continue.
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Justices affirm denial of PCR to man whose attorney called him a ‘Negro’

April 24, 2017
Olivia Covington
The Indiana Supreme Court has affirmed the denial of post-conviction relief to a man who said his attorney prejudiced him by referring to him as a “Negro” during the selection of jurors, but noted that the Court of Appeals misstated the legal standard of prejudice it applied when making its decision.
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Holcomb’s Supreme Court pick will be a trial judge

April 20, 2017
Olivia Covington
With the Indiana Judicial Nominating Commission’s stamp of approval next to their names, three trial court judges are waiting to learn who among them will be selected as the state’s next Supreme Court justice.
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3 finalists picked for Supreme Court

April 19, 2017
IL Staff
The Indiana Judicial Nominating Commission has picked the three finalists for the Indiana Supreme Court. The three, all judges, are seeking to replace Justice Robert Rucker, who will retire next month.
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Justice interviews wrap up as JNC works to pick finalists

April 19, 2017
Olivia Covington
With the interview process complete, Indiana Supreme Court Chief Justice Loretta Rush and the Judicial Nominating Commission are now tasked with selecting three people to be considered as the next justice of the court. Interviews with the 11 semifinalists wrapped up Wednesday morning.
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Rucker to assume senior judge status after retirement

April 19, 2017
IL Staff
Retiring Indiana Supreme Court Justice Robert Rucker will assume senior judge status after he leaves his seat on the state’s highest bench next month.
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Judicial Nominating Commission preparing for final Supreme Court interviews

April 18, 2017
Olivia Covington
Six of the 11 semifinalists who applied to fill Justice Robert Rucker’s seat after he retires next month sat for their half-hour interviews with Chief Justice Loretta Rush and the Judicial Nominating Commission Tuesday.
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Next round of justice interviews begins Tuesday

April 17, 2017
IL Staff
The Indiana Judicial Nominating Commission will select the three finalists this week to fill Justice Robert Rucker’s spot on the Indiana Supreme Court. Second-round interviews with the remaining 11 candidates begin Tuesday.
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IDEM whistleblower case goes to Supreme Court

April 10, 2017
IL Staff
The Indiana Supreme Court will hear the case of a woman who claims she was fired from the Indiana Department of Environmental Management for blowing the whistle for questionable payments.
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Supreme Court strikes down contentious med-mal ruling

April 10, 2017
Olivia Covington
After six years of controversy over the limits, or lack thereof, on what evidence and arguments may be presented to a trial court during a medical malpractice proceeding, the Indiana Supreme Court has denounced a highly disputed medical malpractice case while simultaneously adopting a recent Court of Appeals opinion.
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Ex-Marion County Prosecutor Brizzi suspended for misconduct

April 6, 2017
Olivia Covington
Former Marion County Prosecutor Carl Brizzi has been suspended from the practice of law in Indiana after the Indiana Supreme Court Disciplinary Commission found he violated prohibitions against representing a client in a case in which he had a personal interest.
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Semifinalists set for second round of Supreme Court interviews

April 5, 2017
Olivia Covington
From a pool of 20 candidates to fill the upcoming vacancy on the Indiana Supreme Court after Justice Robert Rucker retires, a little over half remain after the first round of interviews with members of the Judicial Nominating Commission last month.
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David to speak at IU McKinney commencement

April 4, 2017
IL Staff
This year’s commencement ceremony at Indiana University Robert H. McKinney School of Law will feature a keynote address from Indiana Supreme Court Justice Steven David.
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Supreme Court announces schedule for 2nd round of vacancy interviews

April 4, 2017
IL Staff
The Indiana Judicial Nominating Commission will move to the next step in the process of selecting three finalists to fill an impending vacancy on the Indiana Supreme Court during its second round of semifinalists interviews later this month.
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Indiana justices discipline suspended Chicago attorney

March 31, 2017
IL Staff
The Indiana Supreme Court has imposed reciprocal discipline on a Chicago-based attorney who is also licensed in Indiana after she was suspended from the practice of law in Illinois.
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Supreme Court rules man cannot convert felony theft conviction

March 28, 2017
Olivia Covington
A Lake County man will retain his felony theft conviction after the Indiana Supreme Court ruled Tuesday that an amendment to Indiana Code does not invalidate the man’s agreement to not seek misdemeanor treatment.
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Supreme Court takes multiple evidence admissibility appeals

March 27, 2017
Olivia Covington
The Indiana Supreme Court granted transfer to four appeals last week, three of which hinge on admissibility of certain evidence at the trial court.
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4th Amendment seizure case goes to Supreme Court

March 24, 2017
Olivia Covington
It was a high-crime area, he was wearing the color associated with a local gang, and police believed he was a juvenile who was truant from school. Given those circumstances, state officials argued before the Indiana Supreme Court Thursday that officers were justified in stopping 18-year-old Jordan Jacobs and arresting him after discovering an handgun in his pocket.
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Parties urge justices to take med-mal case to provide clarity

March 24, 2017
Olivia Covington
A medical malpractice case on petition to transfer before the Indiana Supreme Court had both the appellants and appellees urging the justices Thursday to take their case.
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  1. It really doesn't matter what the law IS, if law enforcement refuses to take reports (or take them seriously), if courts refuse to allow unrepresented parties to speak (especially in Small Claims, which is supposedly "informal"). It doesn't matter what the law IS, if constituents are unable to make effective contact or receive any meaningful response from their representatives. Two of our pets were unnecessarily killed; court records reflect that I "abandoned" them. Not so; when I was denied one of them (and my possessions, which by court order I was supposed to be able to remove), I went directly to the court. And earlier, when I tried to have the DV PO extended (it expired while the subject was on probation for violating it), the court denied any extension. The result? Same problems, less than eight hours after expiration. Ironic that the county sheriff was charged (and later pleaded to) with intimidation, but none of his officers seemed interested or capable of taking such a report from a private citizen. When I learned from one officer what I needed to do, I forwarded audio and transcript of one occurrence and my call to law enforcement (before the statute of limitations expired) to the prosecutor's office. I didn't even receive an acknowledgement. Earlier, I'd gone in to the prosecutor's office and been told that the officer's (written) report didn't match what I said occurred. Since I had the audio, I can only say that I have very little faith in Indiana government or law enforcement.

  2. One can only wonder whether Mr. Kimmel was paid for his work by Mr. Burgh ... or whether that bill fell to the citizens of Indiana, many of whom cannot afford attorneys for important matters. It really doesn't take a judge(s) to know that "pavement" can be considered a deadly weapon. It only takes a brain and some education or thought. I'm glad to see the conviction was upheld although sorry to see that the asphalt could even be considered "an issue".

  3. In response to bryanjbrown: thank you for your comment. I am familiar with Paul Ogden (and applaud his assistance to Shirley Justice) and have read of Gary Welsh's (strange) death (and have visited his blog on many occasions). I am not familiar with you (yet). I lived in Kosciusko county, where the sheriff was just removed after pleading in what seems a very "sweetheart" deal. Unfortunately, something NEEDS to change since the attorneys won't (en masse) stand up for ethics (rather making a show to please the "rules" and apparently the judges). I read that many attorneys are underemployed. Seems wisdom would be to cull the herd and get rid of the rotting apples in practice and on the bench, for everyone's sake as well as justice. I'd like to file an attorney complaint, but I have little faith in anything (other than the most flagrant and obvious) resulting in action. My own belief is that if this was medicine, there'd be maimed and injured all over and the carnage caused by "the profession" would be difficult to hide. One can dream ... meanwhile, back to figuring out to file a pro se "motion to dismiss" as well as another court required paper that Indiana is so fond of providing NO resources for (unlike many other states, who don't automatically assume that citizens involved in the court process are scumbags) so that maybe I can get the family law attorney - whose work left me with no settlement, no possessions and resulted in the death of two pets (etc ad nauseum) - to stop abusing the proceedings supplemental and small claims rules and using it as a vehicle for harassment and apparently, amusement.

  4. Been on social security sense sept 2011 2massive strokes open heart surgery and serious ovarian cancer and a blood clot in my lung all in 14 months. Got a letter in may saying that i didn't qualify and it was in form like i just applied ,called social security she said it don't make sense and you are still geting a check in june and i did ,now i get a check from my part D asking for payment for july because there will be no money for my membership, call my prescription coverage part D and confirmed no check will be there.went to social security they didn't want to answer whats going on just said i should of never been on it .no one knows where this letter came from was California im in virginia and been here sense my strokes and vcu filed for my disability i was in the hospital when they did it .It's like it was a error . My ,mothers social security was being handled in that office in California my sister was dealing with it and it had my social security number because she died last year and this letter came out of the same office and it came at the same time i got the letter for my mother benefits for death and they had the same date of being typed just one was on the mail Saturday and one on Monday. . I think it's a mistake and it should been fixed instead there just getting rid of me .i never got a formal letter saying when i was being tsken off.

  5. Employers should not have racially discriminating mind set. It has huge impact on the society what the big players do or don't do in the industry. Background check is conducted just to verify whether information provided by the prospective employee is correct or not. It doesn't have any direct combination with the rejection of the employees. If there is rejection, there should be something effective and full-proof things on the table that may keep the company or the people associated with it in jeopardy.

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