Indiana Supreme Court

Petition to Supreme Court seeks statewide public defender system

December 15, 2016
Dave Stafford
Advocates for reforming Indiana’s patchwork approach to public defense for indigent Hoosiers announced they have petitioned the Indiana Supreme Court for a statewide system to remedy what they describe as an unfair, unequal and underfunded system.<
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Chief justice makes case for court technology, other additional funding

December 14, 2016
Olivia Covington
Indiana Supreme Court Chief Justice Loretta Rush made her case to the State Budget Committee Tuesday for additional funding in the coming fiscal years for court technology, telling committee members that the additional investment in technology now would pay off for the state down the road.
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Justices consider cellphone data in 4th Amendment case

December 14, 2016
Olivia Covington
Is the act of turning on a cellphone a voluntary agreement to share that data, or do consumers have a right to privacy of the location information collected from their personal devices? The justices of the Indiana Supreme Court heard legal arguments on both sides of that issue during oral arguments in a case on Dec. 8.
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Justices weigh cellphone data privacy rights in 4th Amendment case

December 8, 2016
Olivia Covington
When people turn on their cellphones, they have a general understanding that some data regarding their whereabouts will be collected. But if a person does not know the extent to which that data is collected, then can the court say that such data was voluntarily released by the person, or is there an expected right to privacy?
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‘Strict compliance’ with contempt statute not required if sufficient notice is given

December 7, 2016
Olivia Covington
A majority of the justices of the Indiana Supreme Court found Tuesday that strict compliance with a state statute regarding contempt orders can be excused if the party in contempt has been sufficiently notified of their contempt, thus affirming a trial court decision requiring an ex-husband to produce income and tax documents for his ex-wife.
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Justices deny transfer of CHINS ADA case with 3-2 vote

December 5, 2016
Olivia Covington
The Indiana Supreme Court has denied transfer of a case in which a father argued that the Department of Child Services’ failure to comply with the American with Disabilities Act when providing discretionary services should void the termination of his parental rights. However, two justices dissented from that decision, writing that DCS should always be required to comply with the ADA.
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Justices consider conversion of felony to misdemeanor after plea agreement

December 1, 2016
Olivia Covington
The effect of legislative changes to state sentencing laws was at center in oral arguments before the Indiana Supreme Court Thursday.
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Indiana Supreme Court considers general contractor’s duty of care to subcontractors

December 1, 2016
Olivia Covington
In oral arguments on a petition to transfer a case regarding a general contractor’s duty of care to its subcontractors, the justices of the Indiana Supreme Court considered the meaning of the phrase “monitor and implement.”
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Justices consider transfer in chemical breath test case

December 1, 2016
Olivia Covington
Indiana’s rules regarding chemical breath tests can be read as a recipe, with each rule laid out for the process of testing someone’s blood alcohol content meant to be followed sequentially, said the attorney for a woman challenging her misdemeanor drunken-driving charges.
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Justices: warrantless search OK because of ‘objectively reasonable’ concerns

November 29, 2016
Olivia Covington
The Indiana Supreme Court affirmed a man’s drug conviction Tuesday, reiterating that if an officer encounters an emergency situation, then he or she may investigate further without a warrant.
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Justices rule in favor of woman alleging 'warrantless intrusion' by officer

November 29, 2016
Olivia Covington
Although a police officer believed that a Hamilton County woman could have been injured after being stuck under her car, the facts surrounding the situation did not lend themselves to an emergency situation that could justify the “warrantless intrusion” of stopping the woman’s car after she drove away.
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High court takes alcohol wholesaler case

November 28, 2016
Olivia Covington
The Indiana Supreme Court has agreed to hear a case that could decide whether beer and wine wholesalers can also be legally permitted to sell liquor in Indiana.
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Justices consider transfer of 2 cases related to traffic stops, strip searches

November 23, 2016
Olivia Covington
The justices of the Indiana Supreme Court are deciding whether to grant transfer in two cases related to the permissibility of certain police officer actions after hearing arguments on petitions to transfer Tuesday.
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Justices consider relevance of immigration status in undocumented worker’s lawsuit

November 22, 2016
Olivia Covington
The Indiana Supreme Court heard arguments Tuesday on whether introducing an injured man's immigration status to a jury in his lawsuit for future wages would be prejudicial enough to outweigh its probative value.
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New law creates murkiness on private university police records

November 18, 2016
Dave Stafford
The Indiana Supreme Court left no doubt that it considered the Notre Dame Police Department exempt from the Access to Public Records Act when it affirmed dismissal of ESPN’s lawsuit seeking records of the department’s interactions with 275 student athletes. But a bill signed into law this year dealing with access to police body cameras could change that.
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Justices dismiss ESPN suit, find Notre Dame police not public agency

November 16, 2016
Dave Stafford
Notre Dame Police are not a public agency, the Indiana Supreme Court ruled Wednesday, turning back a lawsuit from ESPN that sought records of the university police’s interactions with student athletes. The ruling means Indiana’s Access to Public Records Act does not apply to university police at private institutions.
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Justices weigh whether child abuse reporter can sue DCS for breach of confidentiality

November 16, 2016
Dave Stafford
A southern Indiana church van driver who suspected children to be in need of services due to dangerous living conditions in his small community followed the law requiring him to report his suspicions. He didn’t want to provide his name, but he did so after a Department of Child Services hotline worker assured him his identity would remain confidential, as the law also requires.
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DCS insists no right to sue over disclosed identity

November 8, 2016
Dave Stafford
A state attorney argued before the Indiana Supreme Court Thursday that the Department of Child Services cannot be sued by a man who reported suspected child abuse but whose promise of confidentiality was violated when his identity was disclosed to those he reported.
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Indiana lawyers now must report misdemeanor convictions

November 8, 2016
IL Staff
Indiana attorneys now are explicitly required to report to the Supreme Court Disciplinary Commission any misdemeanor or felony conviction under sweeping changes to Admission and Discipline Rule 23.
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Supreme Court grants transfer in cellphone data privacy case

November 7, 2016
Olivia Covington
After an Ohio man’s convictions of armed robbery in Dearborn County were overturned by a divided Indiana Court of Appeals in August, the Indiana Supreme Court has agreed to hear the state’s appeal and decide if cellphone users have a reasonable expectation to the privacy of their tracked location information.
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Courts open comment period on online records access plan

November 4, 2016
Dave Stafford
Trial court orders and judgments in most non-confidential civil and criminal cases will be posted and universally available online, but attorneys and parties to cases initially will have far greater access to filings than the public, according to recommendations now open for public comment.
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DCS insists no right to sue over disclosed identity

November 3, 2016
Dave Stafford
A state attorney argued before the Indiana Supreme Court Thursday that the Department of Child Services cannot be sued by a man who reported suspected child abuse but whose promise of confidentiality was violated when his identity was disclosed to those he reported.
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Undocumented worker's injury suit puts major issues before justices

November 2, 2016
Dave Stafford
An undocumented immigrant’s workplace injury — and how much he may be entitled to — has put the rising number of foreign-born workers, the rights they can expect, and the responsibilities of employers squarely before the Indiana Supreme Court.
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AG files for emergency stay in case against beer wholesaler

November 1, 2016
IL Staff
The state is fighting a court order that would require it to grant a wholesaler permit to Spirited Sales LLC, a company affiliated with Monarch Beverage that wants to sell liquor.
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Seymour attorney with Alzheimer’s suspended for disability

October 28, 2016
IL Staff
A Seymour attorney who has been diagnosed with Alzheimer’s disease and who is facing a felony fraud charge has been suspended from the practice of law in Indiana because of his mental disability.
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  1. Access to the court (judiciary branch of government) is the REAL problem, NOT necessarily lack of access to an attorney. Unfortunately, I've lived in a legal and financial hell for the past six years due to a divorce (where I was, supposedly, represented by an attorney) in which I was defrauded of settlement and the other party (and helpers) enriched through the fraud. When I attempted to introduce evidence and testify (pro se) in a foreclosure/eviction, I was silenced (apparently on procedural grounds, as research I've done since indicates). I was thrown out of a residence which was to be sold, by a judge who refused to allow me to speak in (the supposedly "informal") small claims court where the eviction proceeding (by ex-brother-in-law) was held. Six years and I can't even get back on solid or stable ground ... having bank account seized twice, unlawfully ... and now, for the past year, being dragged into court - again, contrary to law and appellate decisions - by former attorney, who is trying to force payment from exempt funds. Friday will mark fifth appearance. Hopefully, I'll be allowed to speak. The situation I find myself in shouldn't even be possible, much less dragging out with no end in sight, for years. I've done nothing wrong, but am watching a lot of wrong being accomplished under court jurisdiction; only because I was married to someone who wanted and was granted a divorce (but was not willing to assume the responsibilities that come with granting the divorce). In fact, the recalcitrant party was enriched by well over $100k, although it was necessarily split with other actors. Pro bono help? It's a nice dream ... but that's all it is, for too many. Meanwhile, injustice marches on.

  2. Both sites mentioned in the article appear to be nonfunctional to date (March 28, 2017). http://indianalegalanswers.org/ returns a message stating the "server is taking too long to respond" and http://www.abafreelegalasnswers.org/ "can't find the server". Although this does not surprise me, it is disheartening to know that access to the judicial branch of government remains out of reach for too many citizens (for procedural rather than meritorious reasons) of Indiana. Any updates regarding this story?

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  4. I've been denied I appeal court date took a year my court date was Nov 9,2016 and have not received a answer yet

  5. Warsaw indiana dcs lying on our case. We already proved that in our first and most recent court appearance i need people to contact me who have evidence of dcs malpractice please email or facebook nathaniel hollett thank you

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