Indiana Supreme Court

High court vacates transfer order

November 10, 2010
IL Staff
The Indiana Supreme Court has decided not to take the case of a man who claimed he received ineffective assistance of trial counsel.
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SCOTUS reverses 7th Circuit a second time on capital case

November 8, 2010
Michael Hoskins
An Indiana case has prompted the nation’s highest court to reiterate that federal courts can’t issue any writ of habeas corpus to state prisoners whose confinements do not violate U.S. law.
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High court takes certified questions in NCAA case

November 4, 2010
Jennifer Nelson
The Indiana Supreme Court has accepted three certified questions proposed by a federal appeals court that arose in a case involving the National Collegiate Athletic Association’s ticket-distribution system for championship tournaments.
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High court takes 3 cases

November 2, 2010
IL Staff
The Indiana Supreme Court will hear a case in which a dissenting Court of Appeals judge worried that the majority’s finding would head toward a bright-line rule regarding the officer safety exception to the warrant requirement in the context of a car on the side of the road.
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Order asks for attorneys, court to use more professionalism

November 1, 2010
IL Staff
The Indiana Supreme Court denied a request for a writ of mandamus Friday, but noted that the attorneys and court involved had failed to act as professionally as they should regarding schedules.
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Rules amended regarding default judgments and military service

October 29, 2010
IL Staff
The Indiana Supreme Court has approved amendments to the Indiana small claims and trial procedure rules.
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Rewriting the rules on attorney advertising

October 27, 2010
Michael Hoskins
If you practice law in Indiana, new rules are at your doorstep for how to go about attorney advertising in this state.
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Courts consider foreclosure issues

October 27, 2010
Rebecca Berfanger
To address recent news regarding foreclosures – including a handful of national banks putting holds on foreclosure proceedings regarding their lenders – participants in the foreclosure prevention efforts of the Indiana Supreme Court, including judges in pilot programs around the state for settlement conferences, held a conference call Oct. 19 to address these issues.
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Justice David joins the Indiana Supreme Court

October 27, 2010
Michael Hoskins
One word marked Justice Steven H. David’s beginning on the Indiana Supreme Court: wow.
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High court grants 6 transfers

October 25, 2010
IL Staff
The Indiana Supreme Court took six cases last week, including two cases of first impression before the Indiana Court of Appeals involving attorney’s fees under the Adult Wrongful Death Statute and the modification of a felony conviction to a misdemeanor.
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Supreme Court appoints new justice’s Circuit Court replacement

October 19, 2010
IL Staff
The Indiana Supreme Court has appointed a judge who will fill a vacancy on Boone Circuit Court caused by The Hon. Steven David becoming the newest state justice. The high court appointed attorney J. Jeffrey Edens as judge pro tempore in Boone Circuit Court.
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New justice joins the Indiana Supreme Court

October 18, 2010
Michael Hoskins
The state now has its 106th justice on the Indiana Supreme Court. Justice Steven H. David officially took his oath and donned his black robe for the state’s highest court today, culminating a process that began with a May announcement that Justice Theodore R. Boehm was stepping down from the bench. Gov. Mitch Daniels chose the 15-year Boone Circuit judge about a month ago.
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Judges ask Supreme Court to answer lottery law questions

October 18, 2010
Jennifer Nelson
The 7th Circuit Court of Appeals has decided it needs some assistance from the Indiana Supreme Court to decide whether the National Collegiate Athletic Association’s ticket-distribution system constitutes a lottery under Indiana law.
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SCOTUS declines Indiana death penalty case

October 18, 2010
Michael Hoskins
The nation’s highest court won’t re-consider a ruling by the Indiana Supreme Court late last year that upheld a man’s death sentence and revised its stance on what it means when a jury fails to recommend a unanimous sentence.
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ICLEF gives $100,000 to Indiana Bar Foundation

October 15, 2010
Michael Hoskins
The Indiana Continuing Legal Education Forum’s governing board is giving $100,000 to the Indiana Bar Foundation, which is struggling financially because of low interest rates that have hit IOLTA accounts and created problems in funding pro bono and related programs statewide.
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Updated rules to govern lawyer advertising

October 15, 2010
Michael Hoskins
Culminating a process that began five years ago, the Indiana Supreme Court has approved the first attorney advertising rule change of its kind in about a generation.
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Justices order new trial to determine fault in Ford rollover suit

October 14, 2010
Jennifer Nelson
The Indiana Supreme Court has reversed the allocation of fault in a wrongful death action against Ford Motor Co. and other defendants, finding the evidence didn’t support allocating fault to the manufacturer of the seatbelt assembly and a nonparty. The high court was also faced with the challenge of allocating fault among the remaining parties.
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Justices side with casinos' interests on card counters, problem gambling losses

October 13, 2010
Michael Hoskins
The Indiana Supreme Court has given state casinos a double win, strengthening their rights by saying they can exclude card counters and holding that pathological gamblers can’t recover damages stemming from gambling losses as long as the casinos are following state regulations.
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Former Justice Theodore R. Boehm joins Indy dispute resolution firmRestricted Content

October 13, 2010
Michael Hoskins
Aside from writing precedent-setting decisions and rules that govern the entire Hoosier legal community, now-retired Indiana Supreme Court Justice Theodore R. Boehm said there’s one significant part of his legacy on the state’s highest court that is mostly overlooked.
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Discipline case poses questions on recusals, separation of powers

October 13, 2010
Michael Hoskins
Delaware County Prosecutor Mark McKinney should be publicly reprimanded for violating four professional conduct rules in his handling of civil forfeiture matters as a private attorney while simultaneously prosecuting those same criminal defendants, according to a hearing officer the Indiana Supreme Court appointed to examine disciplinary charges against the prosecutor.
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Law school hosts appellate hearings

October 13, 2010
IL Staff
Indiana University Maurer School of Law – Bloomington recently hosted two appellate hearings at the law school’s moot court room.
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Candidate on ballot as appeal proceeds

October 13, 2010
Michael Hoskins
The Indiana Supreme Court has refused to sidestep the state’s intermediate appellate court on a judicial-election issue from Lake County, while the lower appeals court decided not to grant an expedited-hearing request despite the pending election.
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Indiana Supreme Court upholds death sentence

October 5, 2010
Michael Hoskins
The Indiana Supreme Court has declined to grant a twice-convicted death row inmate’s request for a new trial, upholding his convictions and penalty for murders that go back more than a decade.
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High court tackles use-tax issue

October 5, 2010
Elizabeth Brockett
The Supreme Court today ruled that a contribution by a parent corporation to the capital of its subsidiary is not automatically excluded from Indiana use tax.
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Justices disagree on prosecutor's public reprimand

October 5, 2010
Michael Hoskins
The Indiana Supreme Court has publicly reprimanded a lawyer for what happened to his license when he left private practice to become a full-time prosecutor in northwest Indiana, but the disciplinary action has split the state’s justices on whether a more severe punishment was warranted.
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  1. Welcome to Hendricks County where local and state statutes (especially Indiana Class C misdemeanors) are given a higher consideration than Federal statues and active duty military call-ups.

  2. If real money was spent on this study, what a shame. And if some air-head professor tries to use this to advance a career, pity the poor student. I am approaching a time that i (and others around me) should be vigilant. I don't think I'm anywhere near there yet, but seeing the subject I was looking forward to something I might use to look for some benchmarks. When finally finding my way to the hidden questionnaire all I could say to myself was...what a joke. Those are open and obvious signs of any impaired lawyer (or non-lawyer, for that matter), And if one needs a checklist to discern those tell-tale signs of impairment at any age, one shouldn't be practicing law. Another reason I don't regret dropping my ABA membership some number of years ago.

  3. The case should have been spiked. Give the kid a break. He can serve and maybe die for Uncle Sam and can't have a drink? Wow. And they won't even let him defend himself. What a gross lack of prosecutorial oversight and judgment. WOW

  4. I work with some older lawyers in the 70s, 80s, and they are sharp as tacks compared to the foggy minded, undisciplined, inexperienced, listless & aimless "youths" being churned out by the diploma mill law schools by the tens of thousands. A client is generally lucky to land a lawyer who has decided to stay in practice a long time. Young people shouldn't kid themselves. Experience is golden especially in something like law. When you start out as a new lawyer you are about as powerful as a babe in the cradle. Whereas the silver halo of age usually crowns someone who can strike like thunder.

  5. YES I WENT THROUGH THIS BEFORE IN A DIFFERENT SITUATION WITH MY YOUNGEST SON PEOPLE NEED TO LEAVE US ALONE WITH DCS IF WE ARE NOT HURTING OR NEGLECT OUR CHILDREN WHY ARE THEY EVEN CALLED OUT AND THE PEOPLE MAKING FALSE REPORTS NEED TO GO TO JAIL AND HAVE A CLASS D FELONY ON THERE RECORD TO SEE HOW IT FEELS. I WENT THREW ALOT WHEN HE WAS TAKEN WHAT ELSE DOES THESE SCHOOL WANT ME TO SERVE 25 YEARS TO LIFE ON LIES THERE TELLING OR EVEN LE SAME THING LIED TO THE COUNTY PROSECUTOR JUST SO I WOULD GET ARRESTED AND GET TIME HE THOUGHT AND IT TURNED OUT I DID WHAT I HAD TO DO NOT PROUD OF WHAT HAPPEN AND SHOULD KNOW ABOUT SEEKING MEDICAL ATTENTION FOR MY CHILD I AM DISABLED AND SICK OF GETTING TREATED BADLY HOW WOULD THEY LIKE IT IF I CALLED APS ON THEM FOR A CHANGE THEN THEY CAN COME AND ARREST THEM RIGHT OUT OF THE SCHOOL. NOW WE ARE HOMELESS AND THE CHILDREN ARE STAYING WITH A RELATIVE AND GUARDIAN AND THE SCHOOL WON'T LET THEM GO TO SCHOOL THERE BUT WANT THEM TO GO TO SCHOOL WHERE BULLYING IS ALLOWED REAL SMART THINKING ON A SCHOOL STAFF.

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