Indiana Supreme Court

Man’s Sixth Amendment right not violated

June 8, 2011
Jennifer Nelson
The failure of a judge to inquire into a defendant’s written complaint about his public defender didn’t violate the defendant’s Sixth Amendment right to effective assistance of counsel, the Indiana Supreme Court held Wednesday. However, the justices explained if a trial judge finds him or herself in a situation similar to the one presented, that judge should at least receive assurances from the public defender’s office that the complaint has been adequately addressed.
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Legislative committee to look at Barnes decision

June 8, 2011
Jennifer Nelson
Not since daylight-saving time has an issue agitated Sen. Brent Steele’s constituents as much as the recent decision by the Indiana Supreme Court on illegal police entry.
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Touched by controversy

June 8, 2011
Michael Hoskins
In the history of court controversies, a recent ruling by the Indiana Supreme Court has created public outcry and calls for change in ways that few others do.
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Justices rule: No right to resist

June 8, 2011
Michael Hoskins
The Indiana Supreme Court caught many people off guard when it abolished the common law right of citizens to reasonably resist police from entering their homes, no matter the situation and regardless of whether the entry is legal.
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Law firm managers plan for the worstRestricted Content

June 8, 2011
Jenny Montgomery
Like other businesses, law firms know it is vital to be able to serve clients during times of disaster. Locally, many firms have begun developing or have revisited business continuity plans – particularly after 2006 when a strong storm whipped through downtown Indianapolis and shattered the windows in a high-rise building, displacing several law firms.
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Hands-on training for teachers

June 8, 2011
Jenny Montgomery
The Indiana Supreme Court and Indiana Bar Foundation have partnered to offer teachers a way to learn more about the state’s judicial system.
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Clark judges sue over budget cuts

June 8, 2011
Michael Hoskins
Clark Circuit and Superior judges have filed lawsuits against county officials over proposed budget cuts, restarting the kind of litigation that four years ago led to the Indiana Supreme Court’s urging that trial judges work with and share in the financial decision-making process rather than resorting to judicial mandates.
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Hearing set for UPL case

June 8, 2011
Michael Hoskins
The Indiana Supreme Court won’t reconsider its 2010 decision ordering United Financial Systems Corp. to refund money for estate planning services it sold, constituting an unauthorized practice of law.
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Disciplinary Action; June 8, 2011

June 8, 2011
IL Staff
Read about disciplinary actions filed by Indiana's Supreme Court.
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Justices take state employee back-pay case

June 6, 2011
Jennifer Nelson
The Indiana Supreme Court will hear the case in which past and present state workers were initially granted more than $42 million in damages in their suit to recover back pay. That amount was later reduced by the Indiana Court of Appeals.
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High court to hear insurance, drug, murder cases

June 6, 2011
Jennifer Nelson
The Indiana Supreme Court accepted three cases June 3, including two cases in which the Indiana Court of Appeals were split in their rulings on a drug case and an insurance case.
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Second-in-command becomes acting state public defender

June 6, 2011
Michael Hoskins
State Public Defender Susan Carpenter retired May 31 after nearly three decades in that position, and her chief deputy took charge of the office until the Indiana Supreme Court appoints a successor.
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Family Court Project grant applications available

June 6, 2011
IL Staff
Trial courts interested in earning a Family Court Project grant have until July 1 to apply.
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High court splits on molestation conviction

June 1, 2011
Jennifer Nelson
The Indiana Supreme Court was divided Wednesday in an opinion regarding whether a man could be charged with Class C felony child molesting 16 years after he last molested his stepniece.
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Court hasn't chosen new state public defender

May 31, 2011
Michael Hoskins
State Public Defender Susan Carpenter retires Tuesday after nearly three decades in that position, and no decision has been made as to who will succeed her.
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Justices accept church-property dispute

May 31, 2011
IL Staff
The Indiana Supreme Court has agreed to take a case between a Vanderburgh County church and its former national organization dealing with what happens to the local church property after the local church defected to another Presbyterian organization.
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Justices bar Arizona lawyer due to advertising rule violations

May 27, 2011
Michael Hoskins
Out-of-state attorneys have received a fresh warning from the Indiana Supreme Court, one that specifically reiterates that everyone should know this state’s attorney advertising rules when promoting oneself as being “specialized” in a particular area of law or practicing with a “national firm.”
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Hamilton County judge receives public reprimand

May 27, 2011
Michael Hoskins
The Indiana Supreme Court issued a public reprimand against Hamilton Superior Judge William J. Hughes, the disciplinary sanction stemming from an out-of-state drunk driving arrest.
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Justices rule on first impression issue involving sentence modification

May 26, 2011
Jennifer Nelson
The Indiana Supreme Court handed down two opinions Thursday afternoon in which the justices found the trial judges involved erred in modifying the defendants’ sentences from Class D felonies to Class A misdemeanors.
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Hundreds gather for rally against Indiana Supreme Court ruling

May 25, 2011
Michael Hoskins
Nearly 300 people gathered on the steps of the Indiana Statehouse Wednesday, many calling for the recall of Indiana Supreme Court Justice Steven H. David. Justice David authored the recent high court ruling that held individuals don’t have the right to resist police who enter their home, even if those entries are illegal.
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Proposed rules provide uniformity for parenting coordinators

May 25, 2011
Jennifer Nelson
The use of parenting coordinators is increasing around the state. But depending on where you are in Indiana, the authority of the parenting coordinator – PC – may differ. In an effort to create uniformity, rules are being proposed that would regulate the role and authority of PCs.
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What's next for Indiana's death penalty?Restricted Content

May 25, 2011
Michael Hoskins
Unlike other states, Indiana has not abolished or suspended use of executions.
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Justices take two cases

May 23, 2011
Jenny Montgomery
The Indiana Supreme Court has granted transfer to two cases – a civil case involving a car accident and an appeal from a convicted child molester.
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Justices won't intervene in secretary of state eligibility case

May 20, 2011
Michael Hoskins
Ruling on an emergency transfer request, the Indiana Supreme Court today accepted Secretary of State Charlie White’s appeal against the state’s Democratic Party and ruled it won’t put a halt to the case while a recount investigation and criminal voter fraud proceedings are ongoing.
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ISBA responds to fallout from split Supreme Court ruling

May 20, 2011
Michael Hoskins
The Indiana State Bar Association issued a statement today addressing the outrage being expressed by many people concerning a state Supreme Court decision last week, which held individuals don’t have the right to resist police who enter private residences, even if those entries are illegal.
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  1. I expressed my thought in the title, long as it was. I am shocked that there is ever immunity from accountability for ANY Government agency. That appears to violate every principle in the US Constitution, which exists to limit Government power and to ensure Government accountability. I don't know how many cases of legitimate child abuse exist, but in the few cases in which I knew the people involved, in every example an anonymous caller used DCS as their personal weapon to strike at innocent people over trivial disagreements that had no connection with any facts. Given that the system is vulnerable to abuse, and given the extreme harm any action by DCS causes to families, I would assume any degree of failure to comply with the smallest infraction of personal rights would result in mandatory review. Even one day of parent-child separation in the absence of reasonable cause for a felony arrest should result in severe penalties to those involved in the action. It appears to me, that like all bureaucracies, DCS is prone to interpret every case as legitimate. This is not an accusation against DCS. It is a statement about the nature of bureaucracies, and the need for ADDED scrutiny of all bureaucratic actions. Frankly, I question the constitutionality of bureaucracies in general, because their power is delegated, and therefore unaccountable. No Government action can be unaccountable if we want to avoid its eventual degeneration into irrelevance and lawlessness, and the law of the jungle. Our Constitution is the source of all Government power, and it is the contract that legitimizes all Government power. To the extent that its various protections against intrusion are set aside, so is the power afforded by that contract. Eventually overstepping the limits of power eliminates that power, as a law of nature. Even total tyranny eventually crumbles to nothing.

  2. Being dedicated to a genre keeps it alive until the masses catch up to the "trend." Kent and Bill are keepin' it LIVE!! Thank you gentlemen..you know your JAZZ.

  3. Hemp has very little THC which is needed to kill cancer cells! Growing cannabis plants for THC inside a hemp field will not work...where is the fear? From not really knowing about Cannabis and Hemp or just not listening to the people teaching you through testimonies and packets of info over the last few years! Wake up Hoosier law makers!

  4. If our State Government would sue for their rights to grow HEMP like Kentucky did we would not have these issues. AND for your INFORMATION many medical items are also made from HEMP. FOOD, FUEL,FIBER,TEXTILES and MEDICINE are all uses for this plant. South Bend was built on Hemp. Our states antiquated fear of cannabis is embarrassing on the world stage. We really need to lead the way rather than follow. Some day.. we will have freedom in Indiana. And I for one will continue to educate the good folks of this state to the beauty and wonder of this magnificent plant.

  5. Put aside all the marijuana concerns, we are talking about food and fiber uses here. The federal impediments to hemp cultivation are totally ridiculous. Preposterous. Biggest hemp cultivators are China and Europe. We get most of ours from Canada. Hemp is as versatile as any crop ever including corn and soy. It's good the governor laid the way for this, regrettable the buffoons in DC stand in the way. A statutory relic of the failed "war on drugs"

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