Indiana Supreme Court

Justices deny sex offender park ban case

August 21, 2009
Michael Hoskins
The Indiana Supreme Court has declined after nine months to accept a case asking whether registered sex offenders can be banned from parks and recreational areas.
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Supreme Court grants 3 transfers

August 21, 2009
Jennifer Nelson
The Indiana Supreme Court granted transfer this week to three cases, including a first impression case involving whether someone who has drugs within 1,000 feet of a youth program center run in a church can have their conviction enhanced.
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Order affirms delinquent fee waivers

August 19, 2009
Michael Hoskins
The Indiana Supreme Court issued an administrative order Tuesday allowing the executive secretary of the Indiana Supreme Court Disciplinary Commission and the executive director of the Indiana Commission on Continuing Legal Education to continue to grant waivers to attorneys for delinquent fees and reinstatement fees assessed pursuant to Admission & Discipline Rules 23(21) and 29(7).
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Chief justices to discuss court issues

August 19, 2009
IL Staff
Indiana Supreme Court Chief Justice Randall T. Shepard and other jurists from the Midwest will talk about important issues affecting their respective courts during a panel discussion Sept. 9 at Indiana University School of Law - Indianapolis.
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Court appoints 3 to Disciplinary Commission

August 17, 2009
IL Staff
The Indiana Supreme Court announced today two new appointments to the Disciplinary Commission and the reappointment of one member.
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Transfer granted to sentencing appeal

August 14, 2009
Jennifer Nelson
The Indiana Supreme Court granted transfer this week to case in which a defendant believed the trial court abused its discretion in referring to his Level of Service Inventory-Revised and Substance Abuse Subtle Screening Inventory scores.
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Court: Murderer not eligible for parole

July 31, 2009
Jennifer Nelson
The Indiana Supreme Court ruled that a man serving two life sentences for his 1975 murder convictions isn't eligible to seek parole under the laws in effect at the time the murders took place, but could seek clemency though the Indiana Parole Board.
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Law students complete diversity program

July 31, 2009
IL Staff
A program implemented by the state to help minority, low income, or educationally disadvantaged college graduates who will attend law school and plan to practice in Indiana has wrapped up its annual event.
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Supreme Court grants 2 transfers

July 30, 2009
Jennifer Nelson
The Indiana Supreme Court granted two transfers this week to cases involving a negligence claim against a grocery store and subordinated judgment liens.
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Supreme Court grants writ of mandamus

July 24, 2009
IL Staff
Indiana Supreme Court justices unanimously voted to grant a permanent writ of mandamus and prohibition in a case out of Howard Superior Court.
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Counties test expanded protective order registry

July 24, 2009
IL Staff
Eight Indiana counties will be the first to use the state's expanded electronic protective order registry. The expansion is a result of a partnership between the Indiana Supreme Court, law enforcement, clerks, and domestic violence groups.
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Supreme Court grants 2 transfers

July 23, 2009
Jennifer NelsonMore

Alarm company's actions not covered by policies

July 21, 2009
Jennifer Nelson
The Indiana Supreme Court reversed the denial of summary judgment on an insurance company's coverage defenses, ruling its insured's actions leading to a lawsuit were "errors or omissions," and so weren't covered by the commercial general liability or umbrella policies.
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Chief justice honored for helping those in need

July 20, 2009
IL Staff
Indiana Supreme Court Chief Justice Randall T. Shepard received the Administration on Children, Youth and Families Commissioner's Award for Indiana from the U.S. Department of Health and Human Services.
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Fate of courtroom cameras still unknown

July 15, 2009
Michael Hoskins
The federal judge vying to become the next justice on the U.S. Supreme Court favors having cameras in court and says she might be interested in furthering their use at the nation's highest court that has resisted the idea for decades.
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Report issued in UPL claim on trust mill case

July 15, 2009
Michael Hoskins
The Indiana Supreme Court has never determined whether the money spent during the prosecution of an Unauthorized Practice of Law claim fits into the "costs and expenses incurred by such a hearing" category, which means that a losing party pays under Administrative Disciplinary Rule 24.
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High court grants 5 transfers

July 6, 2009
Jennifer Nelson
The Indiana Supreme Court granted five transfers late on July 2, including cases on possession of cocaine in a family housing complex and "no fault" attendance policies in workplaces.
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U.S. judge: Indiana Supreme Court was wrong

July 2, 2009
Michael Hoskins
A federal judge has tossed a death row inmate's capital sentence, saying the Indiana Supreme Court was wrong in ruling the man convicted of a triple murder wasn't prejudiced by having to wear a stun belt in the jury's presence.
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Phone-a-thon helps 2,000 homeowners

July 2, 2009
Rebecca Berfanger
A phone-a-thon June 30 helped 2,000 Indiana homeowners by giving them a chance to get more information if they were afraid of facing foreclosure or already knew their home was or would likely go into foreclosure.
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Court: daylight saving time not an issue

July 1, 2009
Michael Hoskins
A trial judge shouldn't have suppressed a drunk-driving breath test on grounds that a time change interfered with the prosecution, the Indiana Supreme Court ruled today on an issue of first impression.
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Justices rule on residency-restriction law

July 1, 2009
Michael Hoskins
The Indiana Supreme Court says the three-year-old state law restricting sex offenders from living within 1,000 feet of where children congregate constitutes an unconstitutional form of retroactive punishment. However, the sex offender who won the appeal has been dead since September 2008.
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High court to hear arguments on CHINS case

July 1, 2009
Michael Hoskins
The Indiana Supreme Court will hear arguments Thursday in a Marion County case dealing with whether a child can be determined in need of services with respect to one parent but not the other.
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Shutdown wouldn't cripple legal system

June 30, 2009
Michael Hoskins
As the clock ticked closer to a partial shutdown of state government, the Hoosier legal community received word this afternoon from the Indiana Supreme Court that trial courts should conduct business as usual and that the state's legal system would continue as much as possible if lawmakers fail to pass a budget by deadline.
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Justices issue ruling in casino revenue case

June 30, 2009
Michael Hoskins
The Indiana Supreme Court ruled today on an ongoing appeal about how casino revenue is funneled to a for-profit organization in East Chicago, an issue that has also been raised in an ongoing federal racketeering suit in northern Indiana.
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High court rules on putative father adoption case

June 29, 2009
Michael Hoskins
The Indiana Supreme Court has ruled that a putative father who files a paternity action in a court other than the court in which the adoption case is pending meets statutory requirements and doesn't imply his permanent consent to that adoption.
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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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