Indiana Supreme Court

Traffic judge's 60-day suspension begins next week

December 20, 2011
Michael Hoskins
Hammond City Court Judge Jeffrey A. Harkin will begin serving his 60-day unpaid suspension on Dec. 27 as a result of an agreement he reached with the Indiana Commission on Judicial Qualifications and approved by the state’s highest court.
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Justices grant transfer in 1 civil case

December 19, 2011
IL Staff
The Indiana Supreme Court has accepted a case asking whether a construction subcontractor on a public school project can be held liable for attorney fees under the state’s public records access laws applying to public agencies.
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Job opening: Indiana Supreme Court justice

December 19, 2011
Michael Hoskins
Lawyers interested in becoming the next justice on the Indiana Supreme Court have until Jan. 27 to apply for the opening created by Chief Justice Randall T. Shepard’s upcoming retirement.
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AG wants justices to consider prosecutor disqualification

December 16, 2011
Michael Hoskins
Arguing that prosecutors must face an actual conflict of interest before they can be removed from a case, the Office of the Indiana Attorney General wants the state justices to take the high-profile case of a former state trooper being tried for murders that happened more than a decade ago.
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Justices: emotional distress actions not barred

December 13, 2011
Jennifer Nelson
The Indiana Supreme Court held Tuesday that separate actions by parents seeking damages for emotional distress from experiencing the stillbirth of their child are not barred by the Indiana Child Wrongful Death Act or the Indiana Medical Malpractice Act.
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1.8M cases filed in Indiana in 2010

December 13, 2011
IL Staff
Nearly two million new cases were filed in Indiana courts in 2010, a 3 percent increase as compared to 2001, according to the annual Indiana Judicial Service Report released Tuesday.
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Justices take guest statute case

December 12, 2011
IL Staff
The Indiana Supreme Court has accepted a case that deals with whether a tort claim filed by a son against his father should be precluded by the Indiana Guest Statute. The case prompted each judge on the Indiana Court of Appeals panel that heard the case to author an opinion.
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Indiana chief justice's retirement 'a natural thing'

December 7, 2011
Michael Hoskins
Indiana Chief Justice Randall T. Shepard – the longest-serving state court chief justice in the nation – is retiring from the bench in March after nearly 27 years on the appellate bench and a quarter century in that top administrative position.
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Shepard retiring as Indiana chief justice

December 7, 2011
Jennifer Nelson
Indiana Chief Justice Randall T. Shepard announced Wednesday that he is stepping down from the bench in March 2012.
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Disciplinary Actions - 12/7/11

December 7, 2011
IL Staff
Read who's been suspended and who receive a public reprimand by the Indiana Supreme Court.
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Justices accept 2 appeals and deny 24 cases

December 5, 2011
Michael Hoskins
The Indiana Supreme Court has accepted two cases, one involving a tax revenue assessment dispute and a second asking how trial judges decide on restraining defendants who disrupt courtroom proceedings.
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'Inextricably intertwined' exception appropriate under state constitution

November 30, 2011
Jennifer Nelson
The Indiana Supreme Court ruled Wednesday that under Article 1, Section 13 of the Indiana Constitution, the right to counsel is violated only where a different offense is inextricably intertwined with the charge on which counsel is already representing the defendant.
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Majority reverses Hopper advisement created last year

November 29, 2011
Jennifer Nelson
A divided Indiana Supreme Court has reversed its 2010 decision to require pro se defendants be informed about the dangers of pleading guilty without an attorney. Two of the justices who originally voted to create the “Hopper advisement” found themselves in the minority on the high court’s decision on rehearing.
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Supreme Court rules town can regulate aquifer's water use

November 23, 2011
Michael Hoskins
Underground aquifers are “watercourses” as defined by state law and as a result the Indiana Supreme Court says community officials have the ability to reasonably regulate how that water is taken out and used by other local governments.
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Holiday court closures, bankruptcy court changes

November 23, 2011
IL Staff
Indiana’s courts will be closed Thursday in honor of Thanksgiving. However, some court offices will be available to handle emergencies on Friday.
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Justices accept two cases

November 21, 2011
Michael Hoskins
The Indiana Supreme Court has granted transfer in two cases, one examining medical malpractice liability evidence for damages and another examining how Marion County’s mass tort litigation rules impact the overall goal of orderly and speedy justice in an asbestos case.
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Justices rule on applicable statute of limitations

November 17, 2011
Jennifer Nelson
The Indiana Supreme Court decided Thursday that the period within the general statute of limitations controls the limitation period when a medical provider may seek payment of outstanding bills for authorized treatment to an employer’s worker. The justices came to that conclusion after finding the Worker’s Compensation Act is silent on what the applicable limitation period is for this matter.
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Justices: court could impose only 1 juvenile commitment

November 17, 2011
Jenny Montgomery
The Indiana Supreme Court has issued an opinion affirming that a juvenile may not be sentenced to both a determinate and indeterminate commitment.
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Terre Haute Odyssey demonstration

November 17, 2011
IL Staff
The Terre Haute City Court and clerk will demonstrate for the public the new Odyssey case management system at 2:30 p.m. Nov. 21 in Terre Haute City Court, City Hall, 17 Harding Ave. Indiana Supreme Court Justice Frank Sullivan, Jr. will join local court officials to answer questions about the system and show the public how it works.
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Justice's wife honored for support of judiciary

November 16, 2011
IL Staff
Jan Aikman Dickson, the wife of Indiana Justice Brent E. Dickson, will be inducted into the Warren E. Burger Society Friday. Membership in this society honors those who have shown a commitment to improving the administration of justice through service or support to the National Center for State Courts.
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Justices suspend Logansport lawyer for 1 year

November 15, 2011
Michael Hoskins
The Indiana Supreme Court suspended a Logansport attorney for one year because he routinely allowed his secretary to prepare and sign his name on bankruptcy petitions and other court documents, including one petition that she mistakenly filed in the wrong District.
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Supreme Court to hold arguments in St. Joseph County

November 11, 2011
IL Staff
The Indiana Supreme Court will visit Indiana University South Bend and Notre Dame Law School Monday to hear arguments in two cases, including one in which a teen was sentenced to life without parole for murdering his brother.
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Barnes study committee to vote on final report

November 9, 2011
IL Staff
The interim subcommittee established as a result of the Indiana Supreme Court ruling in Barnes v. State will meet Thursday to vote on the adoption of a final report.
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Rookie year on the Supreme Court

November 9, 2011
Michael Hoskins
New Indiana Justice Steven David is settled but still finding his niche.
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Justices accept 1 transfer case, deny 9

November 8, 2011
Michael Hoskins
The Indiana Supreme Court granted transfer to a divorce case last week and denied nine other cases during its weekly private conference.
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  1. On a related note, I offered the ICLU my cases against the BLE repeatedly, and sought their amici aid repeatedly as well. Crickets. Usually not even a response. I am guessing they do not do allegations of anti-Christian bias? No matter how glaring? I have posted on other links the amicus brief that did get filed (search this ezine, e.g., Kansas attorney), read the Thomas More Society brief to note what the ACLU ran from like vampires from garlic. An Examiner pledged to advance diversity and inclusion came right out on the record and demanded that I choose Man's law or God's law. I wonder, had I been asked to swear off Allah ... what result then, ICLU? Had I been found of bad character and fitness for advocating sexual deviance, what result then ICLU? Had I been lifetime banned for posting left of center statements denigrating the US Constitution, what result ICLU? Hey, we all know don't we? Rather Biased.

  2. It was mentioned in the article that there have been numerous CLE events to train attorneys on e-filing. I would like someone to provide a list of those events, because I have not seen any such events in east central Indiana, and since Hamilton County is one of the counties where e-filing is mandatory, one would expect some instruction in this area. Come on, people, give some instruction, not just applause!

  3. This law is troubling in two respects: First, why wasn't the law reviewed "with the intention of getting all the facts surrounding the legislation and its actual impact on the marketplace" BEFORE it was passed and signed? Seems a bit backwards to me (even acknowledging that this is the Indiana state legislature we're talking about. Second, what is it with the laws in this state that seem to create artificial monopolies in various industries? Besides this one, the other law that comes to mind is the legislation that governed the granting of licenses to firms that wanted to set up craft distilleries. The licensing was limited to only those entities that were already in the craft beer brewing business. Republicans in this state talk a big game when it comes to being "business friendly". They're friendly alright . . . to certain businesses.

  4. Gretchen, Asia, Roberto, Tonia, Shannon, Cheri, Nicholas, Sondra, Carey, Laura ... my heart breaks for you, reaching out in a forum in which you are ignored by a professional suffering through both compassion fatigue and the love of filthy lucre. Most if not all of you seek a warm blooded Hoosier attorney unafraid to take on the government and plead that government officials have acted unconstitutionally to try to save a family and/or rescue children in need and/or press individual rights against the Leviathan state. I know an attorney from Kansas who has taken such cases across the country, arguing before half of the federal courts of appeal and presenting cases to the US S.Ct. numerous times seeking cert. Unfortunately, due to his zeal for the constitutional rights of peasants and willingness to confront powerful government bureaucrats seemingly violating the same ... he was denied character and fitness certification to join the Indiana bar, even after he was cleared to sit for, and passed, both the bar exam and ethics exam. And was even admitted to the Indiana federal bar! NOW KNOW THIS .... you will face headwinds and difficulties in locating a zealously motivated Hoosier attorney to face off against powerful government agents who violate the constitution, for those who do so tend to end up as marginalized as Paul Odgen, who was driven from the profession. So beware, many are mere expensive lapdogs, the kind of breed who will gladly take a large retainer, but then fail to press against the status quo and powers that be when told to heel to. It is a common belief among some in Indiana that those attorneys who truly fight the power and rigorously confront corruption often end up, actually or metaphorically, in real life or at least as to their careers, as dead as the late, great Gary Welch. All of that said, I wish you the very best in finding a Hoosier attorney with a fighting spirit to press your rights as far as you can, for you do have rights against government actors, no matter what said actors may tell you otherwise. Attorneys outside the elitist camp are often better fighters that those owing the powers that be for their salaries, corner offices and end of year bonuses. So do not be afraid to retain a green horn or unconnected lawyer, many of them are fine men and woman who are yet untainted by the "unique" Hoosier system.

  5. I am not the John below. He is a journalist and talk show host who knows me through my years working in Kansas government. I did no ask John to post the note below ...

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