Indiana Supreme Court

Unanimous Supreme Court holds death certificates are public records

October 7, 2014
Marilyn Odendahl
Taking what it called a “plain reading” of the state statute, the Indiana Supreme Court ruled death certificates which include the cause of death are public records and should be available to anyone who requests access.
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Justices add criminal and child support cases to docket

October 6, 2014
Dave Stafford
Whether a person’s proximity to a crime scene together with circumstantial evidence is sufficient for conviction is the question for the Indiana Supreme Court in one of two cases justices will review.
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Ogden quitting law, citing high disciplinary fine

October 6, 2014
Dave Stafford
Indianapolis attorney and blogger Paul Ogden said he is quitting the practice of law rather than pay costs of more than $10,000 imposed on him as the result of a disciplinary case involving private comments he made about a judge.
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New Indiana attorneys sworn in at admission ceremony

October 6, 2014
Kelly Lucas
The Indiana Board of Law Examiners reported that 378 of the aspiring lawyers who sat for the July bar exam were successful in that effort. On Monday, Indiana’s newest class of lawyers was sworn in at an admission ceremony hosted by the Indiana Supreme Court.
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Justices order $7,025 credit applied for father’s arrearage

October 1, 2014
Jennifer Nelson
In a per curiam decision released Wednesday, the Indiana Supreme Court accepted a case involving owed child support and ordered the father be credited for more than $7,000 seized from his bank account for the arrearage.
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Justices reverse COA, reinstate ex-teacher's attempted seduction charge

October 1, 2014
Dave Stafford
A former high school teacher must face a charge of attempted child seduction for Facebook communications propositioning a 16-year-old student for sex, the Indiana Supreme Court ruled Tuesday, reinstating a case the Court of Appeals had dismissed.
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JQC files charges against judge following OWI arrest in Kentucky

September 30, 2014
Jennifer Nelson
The Indiana Commission on Judicial Qualifications filed one count against a southern Indiana town court judge who was arrested and pleaded guilty to operating while intoxicated in Louisville, Kentucky.
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Supreme Court tells judges how to deal with prolific, abusive litigants

September 30, 2014
Jennifer Nelson
The Indiana Supreme Court released a per curiam decision Tuesday dismissing the appeal of a man described as a “prolific, abusive litigant” based on the 123 cases he has filed in state court throughout Indiana. In its opinion, the justices also provide guidance to trial courts on how to deal with abusive and vexatious litigation practices.
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Justices take 4th Amendment case

September 29, 2014
IL Staff
The Indiana Supreme Court will decide a case that divided the Indiana Court of Appeals over whether marijuana and a pipe found after a traffic stop should be suppressed.
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JQC issues advisory opinion to judges with family members running for office

September 26, 2014
IL Staff
Judges who have a family member running for elected office may appear in campaign materials as long as the judge’s title or position isn’t mentioned, the Indiana Commission on Judicial Qualifications decided in an advisory opinion released Friday.
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Justices affirm adoption despite father’s untimely appeal

September 25, 2014
Jennifer Nelson
The Indiana Supreme Court in its decision affirming the adoption of a girl first tackled the issue of appellate jurisdiction to entertain the biological father’s appeal.
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1,291-day delay in holding trial requires reversing conviction

September 25, 2014
Jennifer Nelson
The “unduly long delay” in bringing a man to trial on a charge of child molesting – 1,291 days – violated his constitutional right to a speedy trial and requires reversing his conviction, the Indiana Supreme Court ruled Wednesday.
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Justices to review reversal of capped sentence after plea

September 22, 2014
Dave Stafford
The Indiana Supreme Court will review a case in which the Court of Appeals reversed a 10-year sentence, the most a man could receive under an agreement in which he pleaded guilty to multiple felonies.
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Former MCBA treasurer suspended from practice 2 years

September 22, 2014
Dave Stafford
The former treasurer for the Marion County Bar Association has been suspended from the practice of law for a minimum of two years for taking more than $9,100 from the organization.
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Supreme Court posts annual report

September 19, 2014
IL Staff
The Indiana Supreme Court has posted its annual report, providing details of the 995 cases it reviewed in the fiscal year ending June 30 and elaborating on plans to roll out electronic filing in trial courts statewide.
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Justices reverse grant of post-conviction relief

September 18, 2014
Jennifer Nelson
The Indiana Supreme Court on Wednesday rejected a defendant’s claim that his attorneys were ineffective for not arguing that, based on a Supreme Court case, his conviction for Class B felony criminal confinement should be reversed or reduced. But the man inappropriately relies on the case, and what he claims his attorneys should have argued is not the law.
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Justices decline Kokomo mayor’s request for stay of contempt order

September 15, 2014
 Associated Press, IL Staff
The Indiana Supreme Court will not stay a contempt order entered against the mayor of Kokomo over construction at the Howard County courthouse.
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Supreme Court provides clarity to maintenance agreement modification

September 10, 2014
Jennifer Nelson
If divorcing parties want to make judicial modification available for the maintenance agreements, they must say so in their contract, the Indiana Supreme Court pointed out Tuesday. Because a divorced couple’s maintenance agreement allowed for court intervention, the justices ordered the trial court to consider the wife’s request for modification.
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Defendant cleared 'low bar' to require reversal of summary judgment

September 10, 2014
Jennifer Nelson
The Indiana Supreme Court reversed summary judgment in favor of the state on its motion for forfeiture of cash found on a man accused of dealing cocaine. The justices found the man’s “self-serving” affidavit specifically controverted the state’s prima facie case that the cash was connected to drug crimes.
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Marion County small claims reform faces hurdles in Legislature

September 10, 2014
Dave Stafford
The Indiana Supreme Court’s recommendation to merge Marion County’s nine township small claims courts with Marion Superior Court may be too bold for the Indiana General Assembly, a key senator said.
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Justices let stand order that Purdue release report on gender bias claim

September 8, 2014
Dave Stafford
The Indiana Supreme Court has denied Purdue University’s request to appeal court orders that it release a report investigating a fired chancellor’s alleged gender discrimination and harassment complaint.
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Justices order in camera review of report to determine if material is privileged

September 4, 2014
Jennifer Nelson
The Indiana Supreme Court tackled two issues of first impression Wednesday in a dispute involving a family business and claims the company president caused a significant decrease in shareholder value.
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Court affirms bank lacks standing to appeal termination of trusts

September 4, 2014
Jennifer Nelson
The Indiana Supreme Court agreed with the Court of Appeals that a bank’s appeal of the termination of two of its trusts must be dismissed for lack of jurisdiction. The bank, as trustee, lacked standing to appeal in its representative capacity and did not appeal in its individual capacity.
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Justices hear constitutional challenge to right-to-work law

September 4, 2014
Dave Stafford
Indiana’s right-to-work statute is clearly anti-union, one state Supreme Court justice said Thursday, but all five justices seemed dubious of arguments that it violated the state constitution.
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Justices take first impression insurance case

September 3, 2014
Jennifer Nelson
The Indiana Supreme Court has accepted three cases on transfer, including one that divided the Court of Appeals regarding a jury award to the widow of a motorcyclist injured in a crash.
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  1. I have been on this program while on parole from 2011-2013. No person should be forced mentally to share private details of their personal life with total strangers. Also giving permission for a mental therapist to report to your parole agent that your not participating in group therapy because you don't have the financial mean to be in the group therapy. I was personally singled out and sent back three times for not having money and also sent back within the six month when you aren't to be sent according to state law. I will work to het this INSOMM's removed from this state. I also had twelve or thirteen parole agents with a fifteen month period. Thanks for your time.

  2. Our nation produces very few jurists of the caliber of Justice DOUGLAS and his peers these days. Here is that great civil libertarian, who recognized government as both a blessing and, when corrupted by ideological interests, a curse: "Once the investigator has only the conscience of government as a guide, the conscience can become ‘ravenous,’ as Cromwell, bent on destroying Thomas More, said in Bolt, A Man For All Seasons (1960), p. 120. The First Amendment mirrors many episodes where men, harried and harassed by government, sought refuge in their conscience, as these lines of Thomas More show: ‘MORE: And when we stand before God, and you are sent to Paradise for doing according to your conscience, *575 and I am damned for not doing according to mine, will you come with me, for fellowship? ‘CRANMER: So those of us whose names are there are damned, Sir Thomas? ‘MORE: I don't know, Your Grace. I have no window to look into another man's conscience. I condemn no one. ‘CRANMER: Then the matter is capable of question? ‘MORE: Certainly. ‘CRANMER: But that you owe obedience to your King is not capable of question. So weigh a doubt against a certainty—and sign. ‘MORE: Some men think the Earth is round, others think it flat; it is a matter capable of question. But if it is flat, will the King's command make it round? And if it is round, will the King's command flatten it? No, I will not sign.’ Id., pp. 132—133. DOUGLAS THEN WROTE: Where government is the Big Brother,11 privacy gives way to surveillance. **909 But our commitment is otherwise. *576 By the First Amendment we have staked our security on freedom to promote a multiplicity of ideas, to associate at will with kindred spirits, and to defy governmental intrusion into these precincts" Gibson v. Florida Legislative Investigation Comm., 372 U.S. 539, 574-76, 83 S. Ct. 889, 908-09, 9 L. Ed. 2d 929 (1963) Mr. Justice DOUGLAS, concurring. I write: Happy Memorial Day to all -- God please bless our fallen who lived and died to preserve constitutional governance in our wonderful series of Republics. And God open the eyes of those government officials who denounce the constitutions of these Republics by arbitrary actions arising out capricious motives.

  3. From back in the day before secularism got a stranglehold on Hoosier jurists comes this great excerpt via Indiana federal court judge Allan Sharp, dedicated to those many Indiana government attorneys (with whom I have dealt) who count the law as a mere tool, an optional tool that is not to be used when political correctness compels a more acceptable result than merely following the path that the law directs: ALLEN SHARP, District Judge. I. In a scene following a visit by Henry VIII to the home of Sir Thomas More, playwriter Robert Bolt puts the following words into the mouths of his characters: Margaret: Father, that man's bad. MORE: There is no law against that. ROPER: There is! God's law! MORE: Then God can arrest him. ROPER: Sophistication upon sophistication! MORE: No, sheer simplicity. The law, Roper, the law. I know what's legal not what's right. And I'll stick to what's legal. ROPER: Then you set man's law above God's! MORE: No, far below; but let me draw your attention to a fact I'm not God. The currents and eddies of right and wrong, which you find such plain sailing, I can't navigate. I'm no voyager. But in the thickets of law, oh, there I'm a forester. I doubt if there's a man alive who could follow me there, thank God... ALICE: (Exasperated, pointing after Rich) While you talk, he's gone! MORE: And go he should, if he was the Devil himself, until he broke the law! ROPER: So now you'd give the Devil benefit of law! MORE: Yes. What would you do? Cut a great road through the law to get after the Devil? ROPER: I'd cut down every law in England to do that! MORE: (Roused and excited) Oh? (Advances on Roper) And when the last law was down, and the Devil turned round on you where would you hide, Roper, the laws being flat? (He leaves *1257 him) This country's planted thick with laws from coast to coast man's laws, not God's and if you cut them down and you're just the man to do it d'you really think you would stand upright in the winds that would blow then? (Quietly) Yes, I'd give the Devil benefit of law, for my own safety's sake. ROPER: I have long suspected this; this is the golden calf; the law's your god. MORE: (Wearily) Oh, Roper, you're a fool, God's my god... (Rather bitterly) But I find him rather too (Very bitterly) subtle... I don't know where he is nor what he wants. ROPER: My God wants service, to the end and unremitting; nothing else! MORE: (Dryly) Are you sure that's God! He sounds like Moloch. But indeed it may be God And whoever hunts for me, Roper, God or Devil, will find me hiding in the thickets of the law! And I'll hide my daughter with me! Not hoist her up the mainmast of your seagoing principles! They put about too nimbly! (Exit More. They all look after him). Pgs. 65-67, A MAN FOR ALL SEASONS A Play in Two Acts, Robert Bolt, Random House, New York, 1960. Linley E. Pearson, Atty. Gen. of Indiana, Indianapolis, for defendants. Childs v. Duckworth, 509 F. Supp. 1254, 1256 (N.D. Ind. 1981) aff'd, 705 F.2d 915 (7th Cir. 1983)

  4. "Meanwhile small- and mid-size firms are getting squeezed and likely will not survive unless they become a boutique firm." I've been a business attorney in small, and now mid-size firm for over 30 years, and for over 30 years legal consultants have been preaching this exact same mantra of impending doom for small and mid-sized firms -- verbatim. This claim apparently helps them gin up merger opportunities from smaller firms who become convinced that they need to become larger overnight. The claim that large corporations are interested in cost-saving and efficiency has likewise been preached for decades, and is likewise bunk. If large corporations had any real interest in saving money they wouldn't use large law firms whose rates are substantially higher than those of high-quality mid-sized firms.

  5. The family is the foundation of all human government. That is the Grand Design. Modern governments throw off this Design and make bureaucratic war against the family, as does Hollywood and cultural elitists such as third wave feminists. Since WWII we have been on a ship of fools that way, with both the elite and government and their social engineering hacks relentlessly attacking the very foundation of social order. And their success? See it in the streets of Fergusson, on the food stamp doles (mostly broken families)and in the above article. Reject the Grand Design for true social function, enter the Glorious State to manage social dysfunction. Our Brave New World will be a prison camp, and we will welcome it as the only way to manage given the anarchy without it.

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