Indiana Supreme Court

Arguments set in Medicaid appeal

January 19, 2011
Rebecca Berfanger
In a case that involves whether Medicaid applicants who were rejected can include information that was not in their initial applications when they appeal, the Indiana Supreme Court has set oral arguments for March 3 at 9 a.m.
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Comments welcomed for many court rule amendments

January 18, 2011
Michael Hoskins
A multitude of Indiana court rules are being examined for potential revision, and the legal community has a chance to offer comment about how those changes are made.
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SCOTUS refuses to accept two Indiana cases

January 18, 2011
Michael Hoskins
The nation’s highest court has refused to take two Indiana cases, including the high-profile abuse and neglect case of 3-year-old TaJanay Bailey that revealed fatal flaws in the state’s child welfare system.
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Court clarifies rules relating to filing deadlines

January 17, 2011
Michael Hoskins
Filing deadlines are important for attorneys in any case. But some recent confusion in a child custody appeal brought to light some uncertainty about how the state’s appellate rules compute some of those deadlines when “non-business days” or “calendar days” are applied to the motions practices before the Court of Appeals and Supreme Court.
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Supreme Court takes public intoxication case

January 17, 2011
IL Staff
The Indiana Supreme Court will rule on whether a woman’s conviction of Class B misdemeanor public intoxication should be reversed because she wasn’t in a public place within the meaning of Indiana Code at the time police stopped her car. This issue divided the Indiana Court of Appeals, which reversed Brenda Moore’s conviction.
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State urges SCOTUS to deny judicial canons case

January 17, 2011
Michael Hoskins
The Indiana Attorney General’s Office has filed a brief with the nation’s highest court, urging the justices to not hear a case about whether Indiana’s judicial canons constitutionally infringe on the free speech rights of those on or vying for seats on the bench.
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Indiana judiciary continues to lead by example

January 13, 2011
Michael Hoskins
Even though times are tough, the Indiana chief justice says the Hoosier judiciary remains strong and continues to be a leader that other states look to as an example.
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New Supreme Court lineup could change pro se case outcome

January 13, 2011
Michael Hoskins
The Indiana Supreme Court is thinking about rehearing a case it ruled on four months ago, in which a majority at the time created a new rule but offered no guidance for trial judges on informing future defendants about the dangers of proceeding pro se.
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Order addresses selection of special judges

January 13, 2011
IL Staff
To allow time for counties to amend their local rules to conform with Indiana Administrative Rule 3 regarding the selection of special judges, the Indiana Supreme Court has issued an order establishing temporary procedures for selecting these judges.
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Justices set man's execution date

January 12, 2011
IL Staff
The Indiana Supreme Court has ordered the man convicted of killing his wife, her ex-husband, and her son be put to death in April.
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Judges find enhancement doesn't violate double jeopardy principles

January 11, 2011
Jennifer Nelson
The Indiana Court of Appeals tackled an issue of first impression in a case involving double jeopardy principles. A defendant’s sentence was enhanced under the Firearm Enhancement Statute following a conviction for reckless homicide.
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Chief justice to give State of Judiciary Wednesday

January 11, 2011
IL Staff
Indiana Supreme Court Chief Justice Randall T. Shepard will give his 24th State of the Judiciary Wednesday in the Indiana House Chambers.
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SCOTUS declines to consider Indiana case

January 10, 2011
Michael Hoskins
The nation’s highest court has refused to consider an Indiana case involving whether a defendant’s no contest plea to an out-of-state murder can be used to qualify him as a serious violent felon on a conviction here.
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Justices accept 4 cases

January 10, 2011
IL Staff
The Indiana Supreme Court took four cases for the week ending Jan. 7, including a case in which a convicted child molester asked for his sentence to be reduced but ended up having it ordered to be increased due to a sentencing error.
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Brizzi disciplinary case poses 'actual prejudice' question

January 7, 2011
Michael Hoskins
Former Marion County prosecutor Carl Brizzi took the stand today, defending himself against attorney misconduct charges alleging that he violated professional conduct rules by public statements made on pending cases.
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General Assembly returns for 2011 session

January 5, 2011
Jennifer Nelson
The Indiana Senate and House of Representatives reconvened this afternoon to begin the 2011 long session. The legislators still have time to file bills, but there are already several bills introduced that may affect Indiana courts and the legal community.
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Indiana Supreme Court to hear arguments on victim-advocate privilegeRestricted Content

January 5, 2011
Rebecca Berfanger
Domestic violence victims’ advocates and criminal law attorneys are waiting on the Indiana Supreme Court’s decision in a case involving a criminal defendant’s subpoena for records from a victim’s advocacy organization.
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Justices appoint Terre Haute judge pro tempore

January 4, 2011
IL Staff
Judge Sarah K. Mullican was appointed by the Indiana Supreme Court as judge pro tempore in Terre Haute City Court, effective Jan. 1, 2011. She was previously the commissioner for the Title IV-D Court in Terre Haute, which deals with the non-payment of child support.
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Justices take case involving stillborn fetus and Med-Mal Act

January 4, 2011
Jennifer Nelson
The Indiana Supreme Court granted transfer to a case in which the Indiana Court of Appeals ruled a mother of a stillborn fetus satisfied the actual victim requirement under the Medical Malpractice Act.
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Supreme Court posts foreclosure best practices

January 4, 2011
Rebecca Berfanger
The Indiana Supreme Court has posted best practices regarding mortgage foreclosures filed in Indiana. The Indiana attorney general also filed a petition with the Supreme Court supporting the best practices and asking for the Supreme Court to require those recommendations in mortgage foreclosure proceedings.
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Justices appoint judge pro tempore

January 3, 2011
IL Staff
Judge Julian L. Ridlen was appointed by the Indiana Supreme Court as judge pro tempore in Howard Superior Court 2, effective Jan. 1, 2011. Judge Ridlen takes over for Judge Stephen M. Jessup, who retired from the bench Dec. 31, 2010.
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Judges honored for service, education

January 3, 2011
IL Staff
Numerous judges were honored this year for their service to the community and commitment to higher education in 2010.
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Justices reaffirm uniform-contract interpreation approach

December 29, 2010
Michael Hoskins
The Indiana Supreme Court has reaffirmed the state’s reliance on the uniform-contract interpretation approach rather than a site-specific approach for deciding which of several states’ laws should apply to an environmental remediation insurance coverage case.
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Justices accept one criminal case

December 28, 2010
Michael Hoskins
The Indiana Supreme Court has taken an Elkhart County appeal challenging three felony child molesting convictions and an 80-year aggregate sentence.
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Lawyers suspended for not complying with CLE requirements

December 27, 2010
IL Staff
The Indiana Supreme Court has suspended 12 attorneys for remaining delinquent regarding compliance with certain continuing legal education requirements for the period ending Dec. 31, 2009.
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  1. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  2. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  3. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  4. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

  5. Seventh Circuit Court Judge Diane Wood has stated in “The Rule of Law in Times of Stress” (2003), “that neither laws nor the procedures used to create or implement them should be secret; and . . . the laws must not be arbitrary.” According to the American Bar Association, Wood’s quote drives home this point: The rule of law also requires that people can expect predictable results from the legal system; this is what Judge Wood implies when she says that “the laws must not be arbitrary.” Predictable results mean that people who act in the same way can expect the law to treat them in the same way. If similar actions do not produce similar legal outcomes, people cannot use the law to guide their actions, and a “rule of law” does not exist.

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