Indiana Supreme Court

180 lawyers suspended over CLE, fee or IOLTA violations

May 30, 2014
IL Staff
The Indiana Supreme Court on Thursday suspended 180 lawyers who failed to pay attorney registration fees, meet continuing legal education requirements or submit certification of Interest on Lawyer Trust Accounts.
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Justices order further proceedings in underinsured motorist coverage case

May 29, 2014
Jennifer Nelson
Because issues of material fact remain regarding the applicable level of underinsured motorist coverage provided by a policy on a semi-tractor trailer, the Indiana Supreme Court reversed summary judgment for the insurance company.
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Doctor’s statute of limitations defense in med mal claim rejected by justices

May 29, 2014
Jennifer Nelson
A doctor who chose to perform just one biopsy instead of two on a woman who later was diagnosed with cervical cancer is not entitled to summary judgment on his defense asserting the medical malpractice statute of limitations, the Indiana Supreme Court ruled Wednesday.
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Justices affirm judgment in favor of national fraternity in wrongful death action

May 29, 2014
Jennifer Nelson
A national fraternity assumed no duty to protect local chapter pledges and is not vicariously liable for the negligence of local chapter officers and representatives, the Indiana Supreme Court ruled Wednesday. The justices affirmed summary judgment for Delta Tau Delta in a wrongful death action brought by a deceased pledge’s family.
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Supreme Court considering reducing timeframe for filing transcripts in appeals

May 23, 2014
IL Staff
The Indiana Supreme Court Committee on Rules of Practice and Procedure wants to hear from the legal community and general public on a proposed amendment that would shorten the time court reporters have to file their transcripts.
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Attempted child seduction case exposes gap in law

May 21, 2014
Dave Stafford
The Indiana Supreme Court is considering whether a teacher took a substantial step toward the crime of attempted child seduction when he sent explicit Facebook messages to a 16-year-old student and proposed arranging to meet for sex.
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New class ceremonially admitted to Indiana bar

May 20, 2014
IL Staff
A ceremony at the Indiana Roof Ballroom in Indianapolis marked the admission of 160 new attorneys to the practice of law Tuesday.
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Supreme Court grants transfer in 4 cases

May 19, 2014
Dave Stafford
The Indiana Supreme Court will review reversal of a man’s conviction of possession of a firearm by a serious violent felon due to a police officer’s testimony about the man’s nickname.
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Lawyer disbarred for client altercation, numerous violations

May 16, 2014
Dave Stafford
A criminal defense lawyer accused of instigating a physical altercation with a former client at the City-County Building in Indianapolis and committing numerous rules violations has been disbarred.
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Prosecutor’s lack of objection allows judge to modify sentence

May 14, 2014
Jennifer Nelson
In a case where a woman sought modification of her sentence more than a year after it was imposed, the Indiana Supreme Court found that the prosecutor’s conduct satisfied the “approval” requirement of Indiana Code 35-38-1-17(b).
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Indy lawyer suspended for 2 years

May 14, 2014
IL Staff
The Indiana Supreme Court has suspended Indianapolis attorney and developer Paul J. Page from the practice of law for at least two years, although one justice thought he should be disbarred. The suspension stems from his guilty plea to one count of wire fraud in 2013.
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Justices: Cop went too far in saying man’s race prevented a fair trial

May 13, 2014
Jennifer Nelson
The Indiana Supreme Court had strong words for police officers who intentionally mislead a suspect as to his rights to a fair trial and impartial jury because of his race: The tactic is unacceptable.
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Justices: Woman who had co-worker committed not in contempt of court

May 13, 2014
Jennifer Nelson
A Clark Circuit judge lacked statutory authority to find a nurse in indirect civil contempt for completing an application for emergency detention of her co-worker, the Indiana Supreme Court ruled Tuesday.
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Justices to decide if defendant was ‘annoying’

May 12, 2014
Jennifer Nelson
The Indiana Supreme Court will decide whether the portion of the public intoxication statute enacted two years ago that uses the term “annoys” is void for vagueness, as the Indiana Court of Appeals held earlier this year.
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Indiana justices consider whether ‘cause of death’ is public information

May 8, 2014
Marilyn Odendahl
The Evansville newspaper and local county health department appeared before the Indiana Supreme Court Thursday, reviving a dispute they had decades ago over whether death certificates are public record.
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Justices disbar attorney, threaten imprisonment for future violations

May 7, 2014
Jennifer Nelson
An attorney who continued to practice law despite being suspended in Indiana has been disbarred by the Indiana Supreme Court for his “on-going, pervasive and deliberate” violations of the suspension order.
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Indy mayor wins redistricting battle

May 7, 2014
Jennifer Nelson
The Indiana Supreme Court ruled in favor of Indianapolis Mayor Greg Ballard Wednesday in a dispute between the mayor and Democratic members of the city-county council who challenged a redistricting plan passed in late 2011.
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Justices uphold conviction for blogger's threat to judge

May 7, 2014
Dave Stafford
The Indiana Supreme Court held that a blogger’s actions arising from being stripped of his children’s custody placed targets of his contempt in fear for their safety.
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Badger: Supreme Court will hear death records dispute

May 7, 2014
Steven Badger
The Indiana Supreme Court will hear oral argument May 8 in a dispute over public access to county death records. The case, Evansville Courier & Press v. Vanderburgh County Health Department, raises the issue of whether a county health department’s death certificates, including the cause of death, are public records under the Indiana Access to Public Records Act.
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Supreme Court takes ethanol plant emissions suit

May 5, 2014
Dave Stafford
The Indiana Supreme Court will hear the state’s appeal of a Court of Appeals ruling placing stricter limits on emissions from ethanol plants.
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Supreme Court draws distinctions in blogger Brewington case

May 1, 2014
Dave Stafford
Blogger Daniel Brewington’s convictions for intimidating Dearborn Circuit Judge James Humphrey and obstruction of justice were upheld by the Indiana Supreme Court Thursday, but under different reasoning than the Indiana Court of Appeals applied.
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Justices find school corporation circumvented public bidding laws

May 1, 2014
Jennifer Nelson
The southern Indiana school corporation that facilitated renovations of its warehouse through an agreement with a local public school endowment organization violated Indiana Public Bidding Laws, the Indiana Supreme Court ruled Thursday. The justices rejected taxpayers’ claims that the process also constituted a violation of the Antitrust Law.
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Blogger Brewington loses Supreme Court appeal over online threat

May 1, 2014
Dave Stafford
The Indiana Supreme Court Thursday affirmed multiple convictions of a southern Indiana man who threatened a judge through inflammatory posts on a blog.
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Justices clarify jury taint, mistrial standards

April 30, 2014
Jennifer Nelson
Because the Indiana Court of Appeals cited three different mistrial standards in a man’s appeal of the denial of his motion for a mistrial, the Indiana Supreme Court took his case to clarify its precedent for trial courts to use to determine whether a mistrial is a cure for a jury taint.
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DNA in glove at scene sufficient to uphold burglary conviction

April 29, 2014
Dave Stafford
The Indiana Supreme Court on Tuesday reinstated a conviction vacated by the Indiana Court of Appeals. The high court unanimously affirmed a conviction of Class C felony burglary with a habitual offender enhancement, finding a glove at the crime scene with the suspect’s DNA was sufficient for a jury to determine guilt.
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  1. So that none are misinformed by my posting wihtout a non de plume here, please allow me to state that I am NOT an Indiana licensed attorney, although I am an Indiana resident approved to practice law and represent clients in Indiana's fed court of Nth Dist and before the 7th circuit. I remain licensed in KS, since 1996, no discipline. This must be clarified since the IN court records will reveal that I did sit for and pass the Indiana bar last February. Yet be not confused by the fact that I was so allowed to be tested .... I am not, to be clear in the service of my duty to be absolutely candid about this, I AM NOT a member of the Indiana bar, and might never be so licensed given my unrepented from errors of thought documented in this opinion, at fn2, which likely supports Mr Smith's initial post in this thread: http://caselaw.findlaw.com/us-7th-circuit/1592921.html

  2. When I served the State of Kansas as Deputy AG over Consumer Protection & Antitrust for four years, supervising 20 special agents and assistant attorneys general (back before the IBLE denied me the right to practice law in Indiana for not having the right stuff and pretty much crushed my legal career) we had a saying around the office: Resist the lure of the ring!!! It was a take off on Tolkiem, the idea that absolute power (I signed investigative subpoenas as a judge would in many other contexts, no need to show probable cause)could corrupt absolutely. We feared that we would overreach constitutional limits if not reminded, over and over, to be mindful to not do so. Our approach in so challenging one another was Madisonian, as the following quotes from the Father of our Constitution reveal: The essence of Government is power; and power, lodged as it must be in human hands, will ever be liable to abuse. We are right to take alarm at the first experiment upon our liberties. I believe there are more instances of the abridgement of freedom of the people by gradual and silent encroachments by those in power than by violent and sudden usurpations. Liberty may be endangered by the abuse of liberty, but also by the abuse of power. All men having power ought to be mistrusted. -- James Madison, Federalist Papers and other sources: http://www.constitution.org/jm/jm_quotes.htm RESIST THE LURE OF THE RING ALL YE WITH POLITICAL OR JUDICIAL POWER!

  3. My dear Mr Smith, I respect your opinions and much enjoy your posts here. We do differ on our view of the benefits and viability of the American Experiment in Ordered Liberty. While I do agree that it could be better, and that your points in criticism are well taken, Utopia does indeed mean nowhere. I think Madison, Jefferson, Adams and company got it about as good as it gets in a fallen post-Enlightenment social order. That said, a constitution only protects the citizens if it is followed. We currently have a bevy of public officials and judicial agents who believe that their subjectivism, their personal ideology, their elitist fears and concerns and cause celebs trump the constitutions of our forefathers. This is most troubling. More to follow in the next post on that subject.

  4. Yep I am not Bryan Brown. Bryan you appear to be a bigger believer in the Constitution than I am. Were I still a big believer then I might be using my real name like you. Personally, I am no longer a fan of secularism. I favor the confessional state. In religious mattes, it seems to me that social diversity is chaos and conflict, while uniformity is order and peace.... secularism has been imposed by America on other nations now by force and that has not exactly worked out very well.... I think the American historical experiment with disestablishmentarianism is withering on the vine before our eyes..... Since I do not know if that is OK for an officially licensed lawyer to say, I keep the nom de plume.

  5. I am compelled to announce that I am not posting under any Smith monikers here. That said, the post below does have a certain ring to it that sounds familiar to me: http://www.catholicnewworld.com/cnwonline/2014/0907/cardinal.aspx

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